ENFORCEMENT DECREE OF THE ROAD ACT
Wholly Amended by Presidential Decree No. 25456, Jul. 14, 2014
Amended by Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25775, Nov. 24, 2014
Presidential Decree No. 25836, Dec. 9, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25985, Jan. 6, 2015
Presidential Decree No. 26334, jun. 22, 2015
Presidential Decree No. 26483, Aug. 11, 2015
Presidential Decree No. 26603, Oct. 29, 2015
Presidential Decree No. 26753, Dec. 22, 2015
Presidential Decree No. 26922, Jan. 22, 2016
Presidential Decree No. 27163, May 10, 2016
Presidential Decree No. 27471, Aug. 31, 2016
Presidential Decree No. 27472, Aug. 31, 2016
Presidential Decree No. 27588, Nov. 15, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27972, Mar. 29, 2017
Presidential Decree No. 27974, Mar. 29, 2017
Presidential Decree No. 28211, Jul. 26, 2017
Presidential Decree No. 28461, Dec. 5, 2017
Presidential Decree No. 28583, Jan. 16, 2018
Presidential Decree No. 28586, Jan. 16, 2018
Presidential Decree No. 28912, May 28, 2018
Presidential Decree No. 29152, Sep. 11, 2018
Presidential Decree No. 29634, Mar. 19, 2019
CHAPTER I GENERAL PROVISIONS
The purpose of this Decree is to prescribe matters delegated by the Road Act and other matters necessary for enforcing said Act.
"Facilities specified by Presidential Decree including any roadway, sidewalk, bike lane, side road, tunnel, bridge, and overpass" in subparagraph 1 of Article 2 of the Road Act (hereinafter referred to as the "Act") means the following facilities or structures: | 1. | Roadways, sidewalks, bike lanes, and side roads; |
| 2. | Tunnels, bridges, underpasses, and overpasses (including elevators installed at such facilities); |
| 4. | Retaining walls, drains, street gutters, underground passages, and overflow facilities; |
| 5. | Ferry terminals and facilities installed on water for the traffic of ferries. |
| Article 3 (Road Appurtenances) |
"Facilities specified by Presidential Decree" in subparagraph 2 (f) of Article 2 of the Act means the following facilities installed by a road management authority (hereinafter referred to as "road management authority") under Article 23 of the Act: <Amended by Presidential Decree No. 28583, Jan. 16, 2018> | 1. | Filling stations, gas charging stations, transportation and tourist information booths, roadside rest stops, and vehicle paddocks; |
| 2. | Vehicle transfer facilities and vehicle transfer centers; |
| 3. | Facilities to attract drivers' attention, such as road obstacle signs, tubular markers, etc.; |
| 4. | Safety fences, shock absorbers, street lights, traffic islands, reflector mirrors, anti-slip facilities, emergency escape ramps, and storeyards for materials for maintaining and managing roads; |
| 5. | Vehicle enforcement facilities, such as weigh stations, to inspect vehicular weights; |
| 6. | Equipment to gather and furnish information on roads, meteorological observation equipment, and communication facilities for emergency contacts and for maintaining and managing roads; |
| 7. | Wave defense structures, snow defense structures, windshield structures, or sound-absorbing structures (including sound-absorbing forests) on roads; |
| 9. | Kilometer zero markers, signs indicating zones of responsibility for repair, and road boundary signs; |
| 11. | Research facilities installed adjacent to roads for technology development and quality improvement of roads. |
CHAPTER II FORMULATION OF ROAD PLANS
| Article 4 (Minor Modification of Comprehensive National Road Network Plans) |
"Modification of minor matters specified by Presidential Decree" in the proviso to Article 5 (7) of the Act means any of the following cases: | 1. | Where the amount of total investment to be required for a comprehensive national road network plan under Article 5 (1) of the Act (hereinafter referred to as "comprehensive plan") is modified by up to 10/100; |
| 2. | Where a comprehensive plan is modified based on any amendment to other statutes or regulations or to plans under other statutes or regulations, which do not affect the basic objectives and intended directions of road policies. |
| Article 5 (Minor Modification of Road Construction and Management Plans) |
"Modification of minor matters specified by Presidential Decree" in the proviso to Article 6 (8) of the Act means any of the following cases: | 1. | Where the amount of total investment required for a road construction and management plan under Article 6 (1) of the Act (hereinafter referred to as "construction and management plan") is modified by up to 10/100; |
| 2. | Where a construction and management plan is modified based on any amendment to other statutes or regulations or to plans under other statutes or regulations, which do not affect the objectives and directions of construction and management of roads. |
| Article 6 (Formulation of Plans for Projects to Improve Traffic Congestion on Roads in Metropolitan Areas) |
| 1. | Order of preference for improvement projects for congested roads in metropolitan areas (hereinafter referred to as "congested road in metropolitan areas") under Article 8 (1) of the Act; |
| 2. | An entity responsible for implementing improvement projects for congested roads in metropolitan areas. |
| (2) | The following roads in Dong areas of Metropolitan Cities except national expressways and national highways shall qualify to be selected as congested roads in metropolitan areas: |
| 1. | Roads connecting with expressways and motorways (referring to motorways or motor zones designated by a road management authority pursuant to Article 48 of the Act; hereinafter the same shall apply); |
| 2. | Roads bypassing congested sections; |
| 3. | Roads for which no national support, etc. is planned, among roads connecting with completed major ports, airports, industrial complexes, logistics complexes, etc. |
| (3) | The road management authority in charge of a congested road in metropolitan areas shall maintain and manage the relevant road so that the functions of trunk road of such road (referring to the function that encompasses the foundation of national highway networks and at the same time takes charge of transportation between areas; hereinafter the same shall apply) are exercised. |
| (4) | "Modification of minor matters specified by Presidential Decree" in the proviso to Article 8 (6) of the Act means any of the following cases: |
| 1. | Where the amount of total investment required for the implementation of improvement projects for congested roads in metropolitan areas is modified by up to 30/100; |
| 2. | Where the scale of congested roads in metropolitan areas is modified by up to 20/100; |
| 3. | Where the project period under an annual project plan for the improvement of congested roads in metropolitan areas is modified by up to one year. |
| Article 7 (Re-Evaluation of Road-Related Projects) |
"Road-related project that meets the requirements prescribed by Presidential Decree" in Article 9 (1) 7 of the Act means any project deemed by the Minister of Land, Infrastructure and Transport necessary to be promoted for the linkage of the fore and after sections of roads, completeness of national highway networks, ensuring road safety, etc., among uneconomic projects as a result of re-examination of demand forecast according to guidelines for the management of total expenses notified by the Minister of Economy and Finance pursuant to Article 50 (4) of the National Finance Act.
| Article 8 (Duties of Chairperson) |
| (1) | The chairperson of the Road Policy Review Committee (hereinafter referred to as the "Committee") under Article 9 (1) of the Act shall represent the Committee and have overall control over the duties of the Committee. |
| (2) | The vice chairperson of the Committee shall assist the chairperson and perform the duties of the chairperson on his/her behalf of the chairperson, if the chairperson becomes unable to perform any of his/her duties due to unavoidable circumstances. |
| (3) | If both the chairperson and vice chairperson are unable to perform their duties due to unavoidable circumstances, a member designated by the chairperson in advance shall perform the chairperson’s duties on his/her behalf. |
| Article 9 (Exclusion, Recusal, and Refrainment of Members) |
| (1) | Where a member falls under any of the following, he/she shall be excluded from the deliberation and decision-making by the Committee: |
| 1. | Where he/she or his/her current or former spouse becomes a party (where a party is a corporation, organization, etc., including an executive officer thereof; hereafter the same shall apply in this subparagraph and subparagraph 2) to the relevant item on agenda, or is a joint holder or joint obligor of a party to the item on agenda; |
| 2. | Where a member is or has been a relative of a party to the relevant item on agenda; |
| 3. | Where a member gives counsel, conducts research, provides services (including subcontract), or conducts appraisal or inspection concerning the relevant agenda item; |
| 4. | Where a member or a juristic person, organization, etc. with which a member is affiliated is or has been the representative of a party to the relevant item on agenda; |
| 5. | Where an enterprise, etc. for which a member serves or has served within the recent three years as an executive officer or employee gives counsel, conducts research, provides services (including subcontract), or conducts appraisal or inspection concerning the relevant item on agenda. |
| (2) | Where a party to a relevant item on agenda has a reason to believe that he/she can hardly expect impartiality from a member in deliberation and decision-making, the party may file an application for recusal of the member with the Committee, and the Committee shall determine it by resolution. In such cases, a member subject to recusal shall not participate in decision-making. |
| (3) | Where a member finds that he/she is subject to exclusion for a reason referred to in the subparagraphs of paragraph (1), he/she shall abstain from the deliberation and decision-making of the relevant item on agenda. |
| Article 10 (Dismissal or Removal of Members from Entrusted Posts) |
Where a member falls under any of the following, the Minister of Land, Infrastructure and Transport may dismiss him/her or remove him/her from entrusted post:
| 1. | Where he/she cannot perform his/her duties due to a mental or physical disability; |
| 2. | Where he/she is deemed unsuitable as a member due to neglect of duties, loss of dignity, or any other reason; |
| 3. | Where he/she harms the impartiality of deliberation as he/she fails to make a request for recusal, even though he/she falls under any of the subparagraphs of Article 9 (1). |
| (1) | The chairperson shall convene meetings of the Council and preside thereover. |
| (2) | Meetings shall be convened where the Minister of Land, Infrastructure and Transport makes a request, or where the chairperson deems it necessary. |
| (3) | Where the chairperson of the Committee convenes a meeting, he/she shall notify members of the time and date of the meeting and agenda items by no later than five days before the meeting: Provided, That this shall not apply where the meeting is urgent or extraordinary grounds exist. |
| (4) | A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present. |
| (5) | Where the chairperson of the Committee deems it necessary for deliberation or performance of duties of the Committee, he/she may request relevant agencies to submit data, or require interested persons or experts to attend a meeting and state their opinions. |
| Article 12 (Executive Secretary) |
| (1) | The Committee shall have one executive secretary who handles the duties of the Committee. |
| (2) | The executive secretary of the Committee shall be appointed by the chairperson of the Committee from among public officials affiliated with the Ministry of Land, Infrastructure and Transport. |
| (1) | The executive secretary of the Committee shall prepare and manage minutes of meetings. |
| (2) | The date, time, venue, details, etc. of meetings shall be inserted in the meeting minutes under paragraph (1). |
Members, experts, etc. attending a meeting of the Committee may be reimbursed necessary expenses, such as allowances and traveling expenses, within budgetary limit: Provided, That this shall not apply where a public official attends a meeting in direct relation to his/her duties.
| Article 15 (Operating Rules) |
Matters necessary for the operation of the Committee in addition to those prescribed in Articles 8 through 14 shall be determined by the chairperson after resolution by the Committee.
CHAPTER III CLASSIFICATION OF ROADS AND ROAD MANAGEMENT AUTHORITIES
| Article 16 (Scope of Construction Machinery) |
"Construction machinery specified by Presidential Decree" in Article 11 of the Act means the following construction machinery: | 2. | Cranes (limited to truck mounted ones); |
| 4. | Concrete mixer trucks; |
| 5. | Concrete pumps (limited to truck mounted ones); |
| 7. | Boring machines (limited to truck mounted ones); |
| 8. | Construction machinery meeting all of the following requirements: |
| (a) | Its maximum speed (methods for measuring the maximum speed of motor vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport pursuant to Article 29 (3) of the Motor Vehicle Management Act shall be applicable) shall be at least 70 kilometers per hour; |
| (b) | It shall be a type of truck (including truck mounted types). |
| Article 17 (Standards for Designation of Designated National Highways) |
| (1) | A designated national highway designated by the Minister of Land, Infrastructure and Transport pursuant to Article 12 (3) of the Act (hereinafter referred to as "designated national highways") shall meet the following requirements: |
| 1. | A national highway (excluding cases falling under subparagraph 2): All of the following requirements shall be met: |
| (a) | It shall be a national highway functioning as a trunk road but having difficulty in functioning as a trunk road due to traffic congestion arising from increase in traffic, etc.; |
| (b) | Establishing a detour route is difficult due to the conditions of areas surrounding the road; |
| 2. | A national highway and, simultaneously a motorway designated jointly by at least two road management authorities pursuant to the latter part of Article 48 (1) of the Act: It shall function as a trunk road. |
| (2) | A section of a designated national highway shall be from the boundary of the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, or a Si area (excluding an Eup or Myeon area) to the crossing with a main trunk road in consideration of the form traffic flow, national trunk road system, etc. |
| (3) | Where any of the following grounds arises after a designated national highway is designated, the Minister of Land, Infrastructure and Transport may rescind such designation of the designated national highway: |
| 1. | Where functioning as a trunk road is difficult following the development, etc. of neighbouring areas; |
| 2. | Where a separate road can be substituted for the designated national highway in functioning as a trunk road as it is newly established, expanded, or improved and adjoins the designated national highway. |
| (4) | Standards for managing general national highways shall apply to the management of designated highways. |
| Article 18 (Standards for Designation of Branch Lines) |
| (1) | The branch line of a national expressway or general national highway under Article 13 (1) 1 of the Act (hereinafter referred to as "branch line") shall meet all of the following requirements: |
| 1. | It shall effectively enhance accessibility to surrounding cities, harbors, airports, industrial complexes, logistics facilities, etc. (hereafter referred to as "cities, etc." in this Article) or improving transportation and logistics by directly connecting the main line of a national expressway or general national highway (hereafter referred to as "main trunk line" in this Article) with the cities, etc.; |
| 3. | No possibility of overlapping investments shall exist, such as that construction costs of roads connecting a main trunk line with adjacent cities, etc. are being supported or can be supported pursuant to other statutes and regulations; |
| 4. | The designation of a branch line shall be necessary to improve the functions of roads or form a systematic road network. |
| 1. | The relevant road shall work to shorten travel time and distance; |
| 2. | The designation of a branch line shall be necessary to improve the functions of roads or form a systematic road network. |
| Article 19 (Consultation for Designation and Public Notice of Local Highways) |
| (1) | Where a Do Governor intends to designate and publicly notify a local highway by determining its route pursuant to Article 15 of the Act and he/she needs to designate and publicly notify another local highway connecting therewith, he/she shall consult with a relevant Do Governor. The same shall also apply to the modification or permanent closure thereof. |
| (2) | Article 20 (2) and (3) shall apply mutatis mutandis to consultation under paragraph (1). |
| Article 20 (Designation of Extra-Jurisdictional Road Routes) |
| (1) | Where 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") intends to designate the route of a road extending into an area outside his/her jurisdictional area pursuant to Article 20 (1) of the Act, he/she shall consult with a related administrative authority on the type of road, starting point, destination, important passing points, and other matters necessary for designation of the route. |
| (2) | Where an administrative authority designates the route of a road outside his/her jurisdictional area pursuant to Article 20 (1) of the Act, such authority shall, without delay, notify related administrative agencies thereof. |
| Article 21 (Application for Adjudication concerning Designation of Extra-Jurisdictional Road Routes) |
A person who intends to apply for adjudication to the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor pursuant to Article 20 (2) of the Act shall submit an application for adjudication together with a report on proceedings of consultation.
| Article 22 (Exceptions to Approval for Designation of Road Routes) |
Where a Metropolitan City Mayor or a Do Governor intends to grant approval for the designation, modification, or permanent closure of routes of roads including seashore ferry terminals pursuant to Article 21 (2) of the Act, he/she shall, in advance, obtain approval from the director general of a regional office of oceans and fisheries. <Amended by Presidential Decree No. 25985, Jan. 6, 2015>
| Article 23 (Application for Adjudication concerning Road Management Methods) |
A person who intends to apply for adjudication to the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor pursuant to Article 24 (2) of the Act shall submit an application for adjudication together with a report on proceedings of consultation.
CHAPTER IV ROAD ZONES AND IMPLEMENTATION OF ROAD-RELATED PROJECTS
| Article 24 (Determination of Road Zones) |
| (1) | Where a road management authority determines or modifies road zones pursuant to Article 25 (1) of the Act, it shall prepare a detailed plan for road works including the following: |
| 1. | Location of the road zones and a ground plan of the road plan; |
| 2. | Report on the land or building to be used or expropriated, lot number and land category thereof, and statement of ownership and other rights. |
| (2) | "Matters specified by Presidential Decree, such as the ground therefor and the location and size of the road zone" in Article 25 (3) of the Act means the following: |
| 1. | Grounds for determination, modification, or permanent closure of a road zone; |
| 2. | Location and size of a road zone to be determined, modified, or permanently closed; |
| 3. | Kind of road, route number, name of route, starting point, destination, important passing points, and total length; |
| 4. | Period of implementing a project for relevant road works (excluding where a road zone is closed permanently); |
| 5. | Particulars of land to be expropriated or used (excluding where a road zone is closed permanently); |
| 6. | Period and place for public inspection of drawings. |
| Article 25 (Hearing Opinions of Residents) |
| (1) | Where a road management authority intends to hear the opinions of residents, relevant experts, etc. concerning determination, modification, or permanent closure of a road zone pursuant to the main sentence of Article 26 (1) of the Act, it shall publicly announce such fact in at least two daily newspapers with nationwide or local circulation, on the bulletin board or website of the road management authority, and allow the general public to peruse relevant documents for at least 14 days from the date of public announcement: |
| 1. | Reasons for determining, modifying, or permanently closing a road zone; |
| 2. | Name of a road to be determined, modified, or permanently closed, and location and size of the road zone; |
| 3. | Implementation period of a project of relevant road work (excluding where the road zone is closed permanently); |
| 4. | Location map of a site scheduled for a road zone and ground plan of a road plan; |
| 5. | Period to peruse relevant documents and place of perusal. |
| (2) | Notwithstanding paragraph (1), where the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor is a road management authority, he/she shall send a copy of relevant documents to a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/autonomous Gu (hereafter referred to as the "head of a Si, etc." in this Article), and the head of a Si, etc. upon receipt of such documents shall publicly announce the matters under the subparagraphs of paragraph (1) in at least two daily newspapers with nationwide or local circulation, on the bulletin board or website of the relevant local government, and allow the general public to peruse relevant documents for at least 14 days from the date public announcement is made: Provided, That where any of the following is applicable, the road management authority may directly hear opinions of residents, relevant experts, etc.: |
| 1. | Where a road zone extends over two or more of a Special Self-Governing City, Si, Gun, or autonomous Gu; |
| 2. | Where the head of a Si, etc. upon receipt of relevant documents fail to publicly announce the matters referred to in the subparagraphs of paragraph (1). |
| (3) | A person who has an opinion concerning determination, modification, or permanent closure of a road zone may submit a written opinion to the following agency during the period of perusal under paragraphs (1) and (2): |
| 1. | Paragraph (1) and the proviso to paragraph (2): A road management authority; |
| 2. | The main sentence of paragraph (2): The head of a Si, etc. |
| (4) | Where the head of a Si, etc. receive opinions pursuant to paragraph (3) 2, they shall compile submitted opinions and submit them to a road management authority; even if they receive no opinion, they shall notify a road management authority of such fact. |
| (5) | "Modification of the minor matters specified by Presidential Decree" in the proviso to Article 26 (1) of the Act means any of the following cases: |
| 1. | Where the size of a road zone is decreased; |
| 2. | Where the size of a road zone is increased by up to 10/100; |
| 3. | Where the mistaken or omitted size of a road zone is corrected pursuant to the results of land survey. |
| Article 26 (Activities Subject to Permission) |
| (1) | "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 activity specified by Presidential Decree" in the former part of Article 27 (1) of the Act means the following: <Amended by Presidential Decree No. 26483, Aug. 11, 2015> |
| 3. | Change of the form and quality of land: Changing the form and quality of land by cutting, filling up, making land even, paving, etc., excavation of land, or reclamation of public waters; |
| 4. | Extraction of soil and stones: Extracting earth, sand, pebbles, rocks, etc.: Provided, That subparagraph 3 shall apply to an act for the purpose of changing the form and quality of land; |
| 5. | Dividing and consolidating of land; |
| 6. | Piling of articles or objects: Piling of articles or objects for at least one month; |
| 7. | Planting standing trees and bamboo. |
| (2) | Where the Special Metropolitan City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/autonomous Gu (hereafter referred to as "person having a right to grant permission" in this Article) intends to grant permission to engage in activities referred to in the subparagraphs of paragraph (1) pursuant to Article 27 (1) of the Act, he/she shall, in advance, hear the opinions of a road management authority: Provided, That the foregoing shall not apply where a person having a right to grant permission is the relevant road management authority. |
| 1. | Installing simple structures (applicable only to those publicly notified or publicly announced by a road management authority after determination), such as plastic greenhouses, used directly for the production of agricultural, forestry, and marine products; |
| 2. | Changing the form and quality of land for cultivation; |
| 3. | Collecting soil and stones insofar as it does not harm natural scenery; |
| 4. | Temporary planting of ornamental trees and bamboos (excluding where such are temporarily planted on farmlands). |
| (4) | A person obligated to report pursuant to Article 27 (3) of the Act shall report to a person having a right to grant permission on the progress, etc., of relevant construction or project within the following period, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, if the person having a right to grant permission is not a road management authority, he/she shall notify relevant road management authority of such fact: |
| 1. | Where a public announcement is made pursuant to the main sentence of Article 26 (1) of the Act: Within 30 days from the date of public announcement; |
| Article 27 (Matters of Consultation on Designation of Three-Dimensional Road Zones) |
| 1. | Ownership and other rights subject to consultation; |
| 2. | The extent of divided superficies; |
| 3. | The amount of compensation for the establishment of divided superficies and the timing and method of payment; |
| 4. | The valid period of divided superficies; |
| 5. | Measures to be taken where the use of a road causes damage to the ownership or other rights of land, building, or things attached to land; |
| 6. | Other matters deemed necessary by a road management authority, landowners, etc. |
| (2) | Where a road management authority consults about the extent of divided superficies on a underground portion pursuant to paragraph (1) 2, it shall determine the extent of divided superficies more than the following extent: <Newly Inserted by Presidential Decree No. 27163, May 10, 2016> |
| 1. | Extent of two-dimensional shape: Width obtained by adding 0.5 meter each to both sides of the width of a underground structure and the area vertically corresponding to the extension of the relevant structure; |
| 2. | Extent of three-dimensional shape: Height and depth obtained by adding the following buffer zone to the height of the upper end and the depth of the lower end of a underground structure from the extent of two-dimensional shape under subparagraph 1: |
| (a) | Where work is performed by digging through: |
| (i) | Where there are not more than two lanes: 6 meters; |
| (ii) | Where there are three lanes: 6.5 meters; |
| (iii) | Where there are four lanes: 7 meters; |
| (b) | Where work is performed by excavation: 0.5 meter. |
| Article 28 (Installation of Facilities in Road Zones) |
"Facilities specified by Presidential Decree" in subparagraph 4 of Article 30 of the Act means the following facilities: <Amended by Presidential Decree No. 26483, Aug. 11, 2015>
| Article 29 (Performance of Duties concerning Road Works and Maintenance and Management of Roads) |
| (1) | National highways (hereinafter referred to as "national highways delegated to local governments") for which a Do Governor or a Special Self-Governing Province Governor performs road works and the maintenance and management of roads pursuant to the former part of Article 31 (2) of the Act shall be the sections of general national highways falling under attached Table 1, which fails to function properly as a trunk road: Provided, That excluded herefrom are motorways or sections having class 1 structures under subparagraph 1 of Article 7 of the Special Act on the Safety Control and Maintenance of Establishments, or facilities corresponding thereto as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as major bridges and tunnels. <Amended by Presidential Decree No. 28586, Jan. 16, 2018> |
| (2) | A Do Governor or a Special Self-Governing Province Governor who performs duties concerning national highways delegated to local governments pursuant to paragraph (1) shall, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, file a report with the Minister of Land, Infrastructure and Transport on the outcomes of performing duties concerning road works of national highways delegated to local governments and the maintenance and management of roads. |
| (3) | In emergencies, such as a natural disaster and calamity corresponding thereto, the Minister of Land, Infrastructure and Transport may require a Do Governor or a Special Self-Governing Province Governor to repair, maintain, and manage general national highways, in addition to national highways delegated to local governments. In such cases, the Minister of Land, Infrastructure and Transport shall publicly announce the following in the Official Gazette: |
| 3. | Details of repair, maintenance, and management of roads; |
| 4. | Period for performing duties; |
| 5. | Methods of apportioning costs; |
| 6. | Other matters necessary to repair, maintain, and manage roads. |
| Article 30 (Vicarious Performance of Road Works by Upper-Tier Road Management Authorities) |
| (1) | 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 pursuant to Article 32 (1) and (2) of the Act, he/she shall, in advance, notify the relevant road management authority thereof and publicly announce such fact, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor completes road works under paragraph (1), he/she shall, without delay, notify a relevant road management authority thereof and publicly announce such fact. |
| Article 31 (Vicarious Exercise of Authority by Upper-Tier Road Management Authorities) |
Authority to be exercised vicariously by the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor pursuant to Article 32 (3) of the Act shall be as follows: | 1. | Determination of road zones under Article 25 of the Act; |
| 2. | Disposition or measures under Articles 33 through 36, 81 (1), 82, and 83 of the Act; |
| 3. | Disposition on the bearing of costs pursuant to Article 89 (2), proviso to Article 89 (3), and Article 91 (1) and (2) (including where these provisions apply mutatis mutandis pursuant to Article 90 (3) of the Act) of the Act. |
| Article 32 (Orders Issued to Managers of Other Structures to Perform Road Works) |
| (1) | Where a road management authority has road works performed pursuant to Article 33 (1), 35 (1), or 37 of the Act, it shall attach design drawings to an order to perform road works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where road works under paragraph (1) are completed, the manager of other structures, implementer of construction works other than road works (hereinafter referred to as "other construction works"), person, public organization, or private person who does activities other than road works (hereinafter referred to as "other activities") shall, without delay, receive completion inspection from a road management authority after preparing a completion report, design drawings, and statement of costs, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the manager of other structures, implementer of other construction works, or a person who performs other activities is an administrative agency, he/she shall, in advance, consult with the road management authority. |
| (3) | Where a road management authority has the manager of other structures, public organization, or private person maintain and manage roads pursuant to Article 33 (1) or 37 of the Act, it shall attach a manual for maintenance and management and budget for costs, to an order to maintain and manage roads as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 33 (Performing Construction Works for Other Structures) |
| (1) | Where a road management authority performs construction works for other structures pursuant to Article 33 (1) of the Act (including cases applicable mutatis mutandis pursuant to Article 34 (2) of the Act) and directly performs road works at the expense of an implementer of other construction or a person performing other activities pursuant to Article 35 (1) of the Act, it shall, in advance, notify the manager of other structures, implementer of other construction, or person performing other activities, of such fact, by attaching design drawings and budget for costs, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a road management authority completes construction works under paragraph (1), it shall, without delay, notify the manager of other structures, implementer of other construction, or person performing other activities, of such fact, by attaching a completion report, design drawings, and a statement of costs. |
| (3) | Where a road management authority intends to maintain and manage other structures pursuant to Article 33 (1) of the Act, it shall notify the manager of other structures of such fact by attaching a manual for maintenance and management and budget for costs, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 34 (Application for Permission to Perform Road Works by Persons Other Than Road Management Authorities) |
| (1) | Where a person, other than a road management authority, intends to obtain permission to perform road works under the main sentence of Article 36 (1) of the Act, it shall submit a written application, accompanied by a project plan and design drawings, to a road management authority. |
| (2) | Where a road management authority grants permission to an application under paragraph (1), it shall publicly announce the contents thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | If a person who obtains permission pursuant to Article 36 (2) of the Act starts relevant road works, he/she shall report such fact to a road management authority within five days, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; and if he/she completes relevant road works, he/she shall, without delay, receive completion inspection from a road management authority by attaching a completion report, design drawings, and a statement of costs. |
| (4) | If a person, other than a road management authority, intends to obtain permission to maintain and manage roads under the main sentence of Article 36 (1) of the Act, it shall submit to a road management authority an application for permission to maintain and manage roads in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, together with a manual for the methods of maintenance and management of roads, budget for costs, and a ground plan for a road plan. |
| Article 35 (Standards for Permission to Perform Road Works by Persons Other Than Road Management Authorities) |
Where all of the following requirements are met, a road management authority may grant permission for road works to a person other than a road management agency pursuant to the main sentence of Article 36 (1) of the Act: | 1. | Standards for the structure, facilities, etc, of roads under Article 50 of the Act shall be satisfied, and the structure thereof shall facilitate traffic flow; |
| 2. | Standards for design, such as design speed and radius of curve of a road to be constructed, shall be at least equal to those of an existing road where construction is to be implemented or connected therewith; |
| 3. | Structure of facilities, such as the width of road, pavement section, quality of pavement, shall be the same as or higher than that of an existing road where construction is to be implemented or connected therewith; |
| 5. | Drainage systems, slope protection facilities, etc. shall be installed appropriately to prevent problems in maintaining and managing roads; |
| 6. | Other matters determined by the road management agency determines as deemed necessary to perform road works. |
| Article 36 (Performing Construction Works of Lower-Tier Roads by Upper-Tier Road Management Authorities) |
| (1) | Where a road management authority (hereinafter referred to as "upper-tier road management authority") in charge of an upper-tier road (referring to a road superior to other relevant roads according to the order of priority specified in the subparagraphs of Article 10 of the Act; hereinafter the same shall apply) intends to perform the construction works of 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 of the Act; hereinafter the same shall apply) that is linked or connected to the relevant upper-tier road pursuant to Article 36 (1) 2 of the Act, it shall consult with a road management authority in charge of a lower-tier road (hereinafter referred to as "lower-tier road management authority") over a road work plan specifying the following, along with design drawings: |
| 1. | Types of the relevant upper-tier road and lower-tier road, route numbers, and route names; |
| 2. | Section or place where road works are to be performed; |
| 3. | Purpose of and reason for road works; |
| 4. | Period for performing road works; |
| 5. | Scheduled date of the start and completion of road works. |
| (2) | Where a upper-tier road management authority completes the construction of a lower-tier road consulted on pursuant to paragraph (1), it shall, without delay, notify the relevant lower-tier road management authority thereof with a completion report, design documents, and a statement of costs pursuant to Article 36 (3) of the Act. |
| Article 37 (Minor Maintenance and Management of Roads) |
"Minor maintenance and management of roads specified by Presidential Decree" in Article 36 (1) 3 of the Act means partial supplementation of gravel, sand, or soil necessary to prevent damage to roads, or other maintenance and management of roads not affecting the structure of roads.
| Article 38 (Performance of Road Works by Public Organizations) |
"Minor road works or maintenance and management of roads, prescribed by Presidential Decree" in Article 37 of the Act means road works or the maintenance and management of roads deemed necessary for ensuring convenience in the use of roads and safety on roads for public organizations or private persons insofar as the structure, facilities, traffic, and safety of existing roads are not affected.
CHAPTER V USE AND MANAGEMENT OF ROADS
| Article 39 (Designation of Clearance Zones) |
| (1) | Where a road management authority designates a clearance zone pursuant to Article 40 (1) of the Act, it shall designate the clearance zone not exceeding five meters (30 meters in cases of national expressways) from the boundary of a road under its jurisdiction: Provided, That it need not designate a clearance zone in any of the following areas: <Amended by Presidential Decree No. 25775, Nov. 24, 2014> |
| 2. | Other areas determined by Ordinance of the Ministry of Land, Infrastructure and Transport, for which the designation of a clearance zone is deemed unnecessary. |
| (2) | Where a road management authority designates a clearance zone pursuant to paragraph (1), it shall, without delay, publicly notify the following: |
| 1. | Types of roads, route numbers, and route names; |
| 2. | Designated sections of the clearance zone and the scope thereof; |
| 3. | Other necessary matters. |
| (3) | "Activities specified by Presidential Decree" in the proviso to Article 40 (3) of the Act means any of the following activities: <Amended by Presidential Decree No. 25775, Nov. 24, 2014; Presidential Decree No. 26483, Aug. 11, 2015> |
| 1. | Construction of any of the following buildings: |
| (a) | A lavatory with a total floor area of not more than 10 square meters; |
| (b) | A cattle shed with a total floor area of not more than 30 square meters; |
| (c) | A warehouse for farming or fishing with a total floor area of not more than 30 square meters; |
| (d) | A compost shed with a total floor area of not more than 50 square meters; |
| 2. | Expansion of a building where the total floor space of the expansion does not exceed 30 square meters; |
| 3. | Renovation, reconstruction, relocation (excluding relocation from the outside of a clearance zone into the inside thereof), or substantial repair of a building; |
| 4. | Construction of parking lots necessary to facilitate the use of roads; |
| 5. | Construction of roads or passages for traffic; |
| 6. | Installation of irrigation channels or drainage channels away from roads; |
| 9. | Installation of facilities, other than buildings, necessary for national defense; |
| 10. | Installation of safety installations or structures necessary for the management of a railroad; |
| 11. | Creation of arable land by changing the form and quality of land, filling-up of ground not exceeding 1.4 meters from the horizontal extension line of a road surface, or excavation or cutting not exceeding one meter in depth from the surface of land within a clearance zone; |
| 12. | Minor activities that do not obstruct a driver's visibility, such as installation of fences or barbed wires; |
| 12-2. | Activities which are performed to take emergency measures necessary for disaster recovery or disaster response; |
| 13. | Other activities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 40 (Criteria for Land Subject to Purchase) |
Criteria for determining land subject to purchase (hereinafter referred to as "land subject to purchase") under Article 41 (1) of the Act shall be as follows. In such cases, a purchase requester shall not be responsible for any decrease in the efficiency of land subject to purchase and for the impossibility of use of and profit-making from such land: <Amended by Presidential Decree No. 27471, Aug. 31, 2016> | 1. | Land falling under Article 41 (1) 1 of the Act: The officially assessed individual price of land subject to purchase (referring to the officially assessed individual land price under Article 10 of the Act on the Public Announcement of Real Estate Values; hereinafter the same shall apply) as of the date a request for purchase is made, shall be under 50/100 of the average of officially assessed individual land price of a clearance zone (excluding the officially assessed individual land price of the land subject to purchase) with the same land category designated in an Eup/Myeon/Dong in which the relevant land is located, because the relevant land cannot be used according to the land category before designation of the clearance zone (where the purchase requester verifies with public data that he/she has legally used the relevant land in a manner different from the land category registered on the cadastral register prior to the designation of a clearance zone, actual use prior to the designation of the clearance zone shall be deemed the land category of the relevant land); |
| Article 41 (Time Limit for Purchase) |
"Period specified by Presidential Decree" in Article 42 (2) of the Act means the period within three years from the date a purchase requester is notified that his/her land is subject to purchase.
| Article 42 (Methods of Calculating Purchase Price) |
| Article 43 (Purchase Procedures) |
| (1) | A person who intends to request the purchase of land in accordance with Article 41 (1) of the Act shall submit a written request for the purchase of land in the form prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, with the following matters entered therein, to a road management authority. In such cases, the road management authority shall verify a written confirmation of land use plan, land (forest land) cadastre, and land register of the relevant land using joint utilization of administrative information under Article 36 (1) of the Electronic Government Act: |
| 1. | Name and address of the owner (title and name of the representative in the case of a corporation) of the relevant land; |
| 2. | Lot number, land category, and current state of use of the relevant land; |
| 3. | Where a right other than ownership is established on the relevant land, the kind and details of such right and the name (the title and name of the representative in cases of a corporation) and address of the holder of such right. |
| (2) | Where a road management authority in receipt of a request for purchase under paragraph (1) notifies a purchase requester of whether relevant land is land subject to purchase and estimated purchase price thereof under Article 42 (1) of the Act, it shall make a determination based on the criteria under Article 40. |
| (3) | The officially assessed individual land price of relevant land as at the time a request for purchase is made shall be the estimated purchase price under paragraph (2). |
| (4) | Where a road management authority notifies a purchase requester of estimated purchase price under Article 42 (1) of the Act, it shall make a request to a certified public appraiser for appraisal and assessment of relevant land to determine the purchase price. In such cases, the road management authority shall notify the purchase requester of the determined purchase price. |
| Article 44 (Payment Notice for Expenses for Appraisal and Assessment) |
| (1) | Where a purchase requester notifies a road management authority of withdrawal of his/her request for purchase without justifiable grounds after the road management authority makes a request for appraisal and assessment under the former part of Article 43 (4), the road management authority shall have the purchase requester bear all the expenses incurred in appraising and assessing relevant land. |
| (2) | Where a road management authority is notified of withdrawal of a request for purchase pursuant to paragraph (1), it shall send a payment notice for expenses for appraisal and assessment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport together with a written itemization of expenses for appraisal and assessment to a purchase requester within seven days from the date it is notified of the withdrawal of a request for purchase. |
| (3) | A purchase requester in receipt of a payment notice for expenses incurred in appraisal and assessment pursuant to paragraph (2) shall pay the expenses for appraisal and assessment to a road management authority within the time limit for payment. |
| (5) | Pursuant to Article 43 (4) of the Act, a road management authority shall notify a purchase requester of the fact that appraisal and assessment are to be performed by no later than one month before requesting appraisal and assessment pursuant to the former part of Article 43 (4) of this Decree. |
| Article 45 (Restrictions in Three-Dimensional Road Protection Zones) |
| 1. | Changing the form and quality of land above or under roads, such as excavation of roads; |
| 2. | Installing structures by horizontally cutting roads; |
| 3. | Installing facilities, such as offices, shops and sheds, under the surfaces of overpasses, in which inflammables, such as oil and gas, are handled. |
| Article 45-2 (Facilities Subject to Installation and Management of Appurtenances Needed to Ensure Road Safety) |
"Facilities prescribed by Presidential Decree, such as a rest area and parking lot connected to a national expressway" in Article 47-2 (1) of the Act means the following facilities connected to the national expressway: [This Article Newly Inserted by Presidential Decree No. 26334, Jun. 22, 2015]
| Article 46 (Designation of Motorways) |
Where a road management authority intends to designate a motorway pursuant to Article 48 (1) of the Act, the overall length of the motorway shall be at least five kilometers: Provided, That where the road management authority deems it necessary in consideration of traffic conditions on-the-spot, etc., the overall length of the motorway may be at least two kilometers.
| Article 47 (Public Announcement of Designation of Motorways) |
Where a road management authority designates, modifies, or abolishes a motorway, it shall publicly announce the following matters pursuant to Article 48 (4) of the Act and make a report to the Minister of Land, Infrastructure and Transport without delay: | 1. | Kind of road, route number, and route name; |
| 3. | Passing methods (to be excluded in cases of abolition); |
| 4. | Reasons for designation, modification, or abolition; |
| 5. | Current status of other roads for general transportation within the relevant section (to be excluded in cases of abolition); |
| 6. | Other necessary matters. |
| Article 48 (Intersection of Roads and Other Facilities) |
| 3. | Roads, the road zone of which is determined as at least four lanes. |
| Article 49 (Connection of Roads with Other Facilities) |
| 3. | Roads, the road zone of which is determined to be at least four lanes. |
| Article 50 (Kilometer Zero Markers) |
| (2) | The kilometer zero marker in the Seoul Special Metropolitan City shall be installed and managed by the Seoul Special Metropolitan City Mayor and be located at the center of the Gwanghwamun Square. |
| (3) | The kilometer zero marker in each of Metropolitan Cities, the Special Self-Governing City, Sis, or Guns shall be installed and managed by the Metropolitan City Mayor, the Special Self-Governing City Mayor, or the head of a Si (referring to the Special Self-Governing Province Governor in cases of administrative cities) or Gun and its location shall be determined by the Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Special Self-Governing Province Governor. |
| (4) | The size of a kilometer zero marker, method of marking, installation standards, etc., shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where a competent Metropolitan City Mayor, Special Self-Governing City Mayor, Do Governor, or Special Self-Governing Province Governor determines the location of a kilometer zero marker pursuant to paragraph (3), he/she shall, without delay, report it to the Minister of Land, Infrastructure and Transport. |
| Article 51 (Implementation of Demonstration Projects) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to implement a demonstration project under Article 58 (2) of the Act (hereinafter referred to as "demonstration project"), he/she shall formulate a demonstration project plan including the following matters after deliberation by the Committee: |
| 1. | Matters concerning the objective and strategy of the demonstration project and promotional system; |
| 2. | Matters concerning the research and development outcomes applicable to the demonstration project; |
| 3. | Matters concerning raising funds necessary for the implementation of the demonstration project; |
| 4. | Other matters necessary for the swift implementation of the demonstration project. |
| (2) | The Minister of Land, Infrastructure and Transport may, directly or at the request of a road management authority, designate a project or area on which a demonstration project is to be implemented (hereinafter referred to as "project, etc. subject to demonstration"). |
| (3) | A project, etc. subject to demonstration shall meet all of the following criteria: |
| 1. | They shall be appropriate for attaining the objectives of the demonstration project; |
| 2. | Plans to raise funds for the demonstration project shall be appropriate and feasible; |
| 3. | It shall be possible to implement the demonstration project swiftly. |
| (4) | Where a road management authority intends to request the designation of projects, etc. subject to demonstration pursuant to paragraph (2), it shall submit the following documents to the Minister of Land, Infrastructure and Transport: |
| 1. | Documents proving that standards for designation under paragraph (3) are met; |
| 2. | Documents concerning budget, human resources, etc. that the road management authority can support for projects, etc. subject to demonstration. |
| Article 52 (Supply of Road Traffic Information) |
| 1. | Video information from CCTV; |
| 2. | Information on traffic control and road works; |
| 3. | Information on the use of public transportation on roads, such as passenger transfer facilities and bus stops; |
| 4. | Information for convenience in using roads, such as status of parking lots; |
| 5. | Other information deemed by road management authorities to be necessary for the efficient use and management of roads. |
| Article 53 (Installation and Operation of Road Traffic Information Systems) |
A road management authority may perform the following duties for the installation and operation of road traffic information systems under Article 60 (3) of the Act and for providing information utilizing them: | 1. | Collection of road information and the installation and management of data bases; |
| 2. | Standardization of data and information on road information and of road traffic information systems; |
| 3. | Research and development concerning road traffic information systems; |
| 4. | Facilitation of joint utilization of information using road traffic information systems; |
| 5. | Connection and cooperation with agencies or organizations concerning road traffic information systems; |
| 6. | Other matters necessary for the installation and operation of road traffic information systems and for the supply of information utilizing them. |
CHAPTER VI OCCUPANCY AND USE OF ROADS
| Article 54 (Application for Permission to Occupy and Use Roads) |
| (1) | A person who intends to obtain permission to occupy and use roads (hereinafter referred to as "permission to occupy and use roads") under Article 61 (1) of the Act shall submit (including submission through information and communication networks under Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection) an application specifying the following matters, to a road management authority, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the application shall be accompanied by design drawings (limited to electronic drawings): |
| 1. | Objectives of occupancy and use; |
| 2. | Location and size of occupancy and use; |
| 3. | Period of occupancy and use; |
| 4. | Structure of objects to be occupied and used; |
| 6. | Timing of construction; |
| 7. | Methods of restoring roads. |
| (2) | Where the occupancy and use of a road involve the excavation of such road, the application under paragraph (1) shall be accompanied by the following documents: Provided, That where a person receives notification under Article 56 (3) that he/she is permitted to implement a project concerning the occupancy and use of the road as specified by a project plan submitted pursuant to Article 56 (1), the submission of design drawings and written opinions of the managers of major underground facilities (referring to the major underground facilities under the latter part of Article 62 (2) of the Act) that accompany a project plan under Article 56 (1), may be omitted: |
| 1. | Written opinions of the managers of major underground facilities; |
| 2. | Ex post facto management plans for major underground facilities (limited to cases in which the applicant is the manager of major underground facilities); |
| 3. | Documents concerning safety measures, etc. in which the results of deliberation and coordination by the Road Management Council under Article 62 are reflected. |
| (3) | Where a road management authority approves an application under paragraph (1), it shall issue a permit to the applicant, publicly announce the details thereof, and prepare and manage a permission register, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the occupancy and use of a road do not involve the excavation of such road, the public announcement of the details of permission may be omitted. |
| (4) | A person who obtains permission to occupy and use a road that involves excavation of such road shall post a sign that states the details of permission in a place easily visible to the pubic during the period of construction. |
| Article 55 (Structures Qualified for Permission to Occupy and Use Roads) |
The kind of structures, objects, and other facilities qualified for the occupancy and use of roads after receiving permission to occupy and use roads (referring to consultation or approval in cases of occupancy and use, to which a project implemented by the State or local governments pursuant to Article 107 of the Act are related) pursuant to Article 61 (2) of the Act shall be as follows: <Amended by Presidential Decree No. 25775, Nov. 24, 2014; Presidential Decree No. 26483, Aug. 11, 2015; Presidential Decree No. 28461, Dec. 5, 2017> | 1. | Electric poles, electric cables, antennas, street lamps, transformer towers, underground power distribution equipment boxes, radiotelephone base stations, CATV terminal boxes, CT-2 phone base stations, traffic detectors, parking meters, electric vehicle charging stations, solar energy generation systems, wind energy generation facilities, post boxes, fire hydrants, sandboxes, snow removal equipment boxes, public telephones, transmission towers, others similar thereto; |
| 2. | Water pipes, sewer pipes, gas pipes, oil pipelines, electrical cables, telecommunications cables, heat ducting, agricultural water pipes, manholes, electric vaults, telecommunications vaults, utility tunnels, drainage facilities, automatic water quality measurement sensors, earth anchors, culverts, and others similar thereto; |
| 3. | Gas stations, hydrogen vehicle charging stations, parking lots, passenger bus terminals, freight terminals, automobile repair shops, bus platforms, freight storage yards, resting places, others similar thereto, and ramps and access roads thereto; |
| 4. | Railroads, tramways, and others similar thereto; |
| 6. | Signboards (including protruding signboards), notices, flagpoles, banners, poles to hang banners, and arches: Provided, That in cases of poles to hang banners, only applicable to cases where the State or a local government installs and manages such poles; |
| 7. | Bus ticket booths, shoe repair counters, street stalls, vending machines, automated teller machines, display stands and others similar thereto; |
| 8. | Facilities and materials used for construction, such as wood siding walls, scaffolding, worker's waiting rooms, etc.; |
| 9. | Offices, shops, warehouses, parking lots, squares, parks, sports facilities, and similar facilities installed under overpasses (excluding offices, shops, warehouses, etc., in which inflammables, such as oil, gas, etc., are handled); |
| 10. | Ramps for the disabled or approach routes to main entrances, among convenience facilities under subparagraph 2 of Article 2 of the Act on the Guarantee of Convenience Promotion of Persons with Disabilities, Older Persons, Pregnant Women and Nursing Mothers and others similar thereto; |
| 11. | Temporary construction sites for the installation of structures, things, and facilities under subparagraphs 1 through 10, others similar thereto, and ramps and access roads therefor; |
| 12. | In addition to those prescribed in subparagraphs 1 through 11, structures, things (including plants), and facilities deemed by a road management agency as not affecting the safety of road structure and traffic, prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or by Municipal Ordinance of a local government with which a relevant road management agency is affiliated. |
| Article 56 (Project Plans concerning Occupancy and Use of Roads Accompanied by Excavation of Roads) |
| (1) | A person who intends to newly build, renovate, modify, or remove structures, things, or other facilities (limited to underground facilities) by excavating roads (hereinafter referred to as "excavating contractor") shall submit a project plan concerning the occupancy and use of roads, accompanied by documents concerning the following matters to a relevant road management agency during the months of January, April, July, and October of each year after inquiring, in advance, the relevant road management agency of whether his/her construction works involving the occupancy and use of roads requires permission under each subparagraph of paragraph (6): Provided, That where he/she intends to excavate a road for emergency restoration work due to a natural disaster or unexpected accident, or necessitated by excavation works, the length of road to be excavated does not exceed 10 meters (where he/she excavates the road parallel with the driving direction of motor vehicles, referring to 30 meters) and the width thereof does not exceed three meters, he/she may choose not to submit the project plan and attached documents; where necessary for an excavation work due to a road work while the road works are performed, the excavating contractor need not attach documents under subparagraphs 2 and 5, among the following subparagraphs when he/she submits a project plan: <Amended by Presidential Decree No. 25775, Nov. 24, 2014; Presidential Decree No. 27588, Nov. 15, 2016> |
| 1. | Design drawings (limited to electronic drawings); |
| 2. | Measures for traffic flow; |
| 3. | Measures to prevent spreading dust; |
| 4. | Measures to prevent accidents; |
| 5. | Measures to maintain road facilities; |
| 6. | A written opinion of the manager of major underground facilities (limited to where major underground facilities exist); |
| 7. | Safety measures for major underground facilities (limited to where major underground facilities exist). |
| (2) | Where an excavating contractor intends to establish a project plan concerning the occupancy and use of roads pursuant to paragraph (1), he/she shall hear opinions of the manager of major underground facilities while referring to drawings that indicate the location, section, and area of a road being occupied and used, scope of road excavation, etc. In such cases, the manager of major underground facilities requested to state his/her opinions shall, within 20 days, notify his/her opinions necessary for the establishment of safety measures for major underground facilities, such as the date of installation, location of installation and specifications of major underground facilities, depth of burial, other peculiar details, etc. |
| (3) | Where a road management agency is in receipt of a project plan, etc. under the main sentence of and proviso to paragraph (1) (only applicable to cases where it is necessary to perform excavation work due to roadworks), it shall notify a person who submits such project plan and the manager of major underground facilities of adjustments to the period of occupancy and use, place to be occupied and used, construction works involving occupancy and use of roads, measures for traffic flow, etc., after deliberation by the Road Management Council under Article 62. <Amended by Presidential Decree No. 25775, Nov. 24, 2014> |
| (4) | Notification under paragraph (3) shall be made within 30 days from the date following the end of the month in which a project plan can be submitted pursuant to paragraph (1): Provided, That where making notification within such period is impracticable due to unavoidable circumstances, such period may be extended by up to 15 days, only once. In such cases, a road management agency shall immediately notify a person who submits a project plan of grounds for the extension, of the period and estimated time by which it will be processed. |
| (5) | An application for permission to occupy and use roads under Article 54 shall be prepared in accordance with the details of notification under paragraph (3). |
| (6) | Within three years (two years in cases of a sidewalk) from the time a paved road is newly constructed, expanded, or improved, no permission to occupy and use road involving excavation of the surface of such newly constructed, expanded, or improved road shall be granted: Provided, That this shall not apply in any of the following cases: <Amended by Presidential Decree No. 25775, Nov. 24, 2014> |
| 1. | Where emergency restoration works are to be performed due to a natural disaster; |
| 2. | Where works for urgent communication are to be performed due to power failure or failure in telecommunications; |
| 3. | Where urgent restoration works are to be performed due to rupture or leak of water pipes, sewer pipes, gas pipes, etc.; |
| 4. | Where necessary for military purposes; |
| 5. | Where construction works for installing power supply facilities, telecommunications equipment, gas supply facilities, and water supply facilities are to be performed to support the Saemaul Movement in agricultural and fishing villages; |
| 6. | Where it is impossible to install main pipes (in cases of gas pipes, referring to mains and supply pipes, and in cases of a heating network, referring to primary pipes and secondary pipes) for the supply of oil, tap water, gas, or heat, or install power transmission lines carrying at least 154,000 volts and main pipes for the discharge of sewage, outside a road zone due to circumstances of the relevant area or other unavoidable circumstances; |
| 7. | Where small-scale excavation works, the excavated part of which does not exceed 10 meters in length and three meters in width, or small-scale cross-cutting excavation works, the excavated part of which does not exceed three meters in width, are performed for the supply of electricity, telecommunications, tap water, gas, and heat and for discharging sewage relating to new construction, extension, renovation, reconstruction, and transfer of buildings in an existing residential area or in a rearrangement zone under subparagraph 1 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments; |
| (7) | Where a road management agency deems it necessary for the systematic and efficient implementation of duties of granting permission to occupy and use roads accompanied by excavation of roads, each year it may request any of the following persons to submit a long-term excavation plan by five years: |
| Article 57 (Occupancy and Use of Roads Brought for Open Bidding) |
| (1) | Where a person to be granted permission to occupy and use roads is selected by open bidding pursuant to Article 61 (3) of the Act shall be the cases in which the place is much in demand to occupy and use, such as the occupancy and use a road under a overpass or bridge, and a road management authority deems it appropriate to present it for open bidding: Provided, That where the purpose of occupancy and use of a road by an applicant falls under any of the subparagraphs of Article 68 of the Act, such case shall be excluded. |
| (2) | Where a road management authority intends to select a person to be granted permission to occupy and use a road by open bidding pursuant to Article 61 (3) of the Act, it shall notify applicants for permission to occupy and use a road of its intention that the case is to be presented for open bidding, post a notice of bidding, and announce the opening of bidding and successful bid using the comprehensive national electronic procurement system under subparagraph 4 of Article 2 of the Electronic Procurement Utilization and Promotion Act. In such cases, the road management authority may, if necessary, adopt a method of publishing the bidding announcement on a daily newspaper, etc. simultaneously. |
| Article 58 (Measures to Prevent Safety Accidents Following Permission to Occupy and Use Roads) |
| (1) | "Structure, object, and other facilities specified by Presidential Decree" in Article 62 (1) of the Act means a structure, object, and other facilities under subparagraphs 2 through 5, 10, and 11 (limited to cases for the installation of structures, objects, and other facilities under subparagraphs 2 through 5 and 10 of Article 55) of the same Article. |
| (2) | A person granted permission to occupy and use a road shall observe the following matters to prevent negligent accidents involving pedestrians pursuant to Article 62 (1) of the Act: <Amended by Presidential Decree No. 28912, May 28, 2018> |
| 1. | He/she shall notify relevant police agency that construction is underway when he/she starts construction and take appropriate measures to prevent negligent accidents from occurring to pedestrians as specified hereunder: |
| (a) | To install safety signs, such as safety fences, instruction signs, caution signs, etc.; |
| (b) | To position flagmen or install signal devices at both sides of the construction section to prevent traffic accidents and prevent hindrance to traffic on roads; |
| 2. | Materials, equipment, earth, sands, etc. for construction shall not be left or piled up in any place other than a site permitted for occupancy and use, and he/she shall take appropriate measures so that foreign substances, etc. from the project site and construction section being occupied and used, do not stain roads or produce dust; |
| 3. | He/she shall have consultation with a road management authority in advance and the details of consultation shall be implemented where any of the following facilities located in an area in which a road is occupied and used, has to be relocated due to construction: |
| (a) | Roadside obstructions, such as street trees and electric poles; |
| (b) | Underground utilities, such as telecommunications ducts and waterworks; |
| (c) | Safety facilities (applicable only to those already installed), such as guard rails and safety signs; |
| 4. | He/she shall install the safety facilities on ramps and access roads to an area in which a road is occupied and used, as required by a road management authority to ensure safety of pedestrians, among the following safety facilities: |
| (a) | Facilities for pedestrians including speed humps, crossings, traffic guidance facilities, and traffic signals; |
| (b) | Facilities for road safety including delineation systems, safety fences, lighting, and convex mirrors; |
| (c) | Alarm systems for signaling entry and exit of vehicles. |
| Article 59 (Major Underground Utilities) |
"Essential underground utilities specified by Presidential Decree" in the latter part of Article 62 (2) of the Act means the following facilities: <Amended by Presidential Decree No. 25836, Dec. 9, 2014> | 4. | Electric transmission facilities capable of transmitting at least 154,000 volts between power plants, between substations, or between substations and power plants, among electric installations under subparagraph 16 of Article 2 of the Electric Utility Act; |
| 5. | Transmission and line facilities and equipment housed in a circumscribing telecommunications conduit, of at least three meters in diameter, among telecommunications line facilities and equipment under subparagraph 3 of Article 2 of the Framework Act on Telecommunications; |
| 8. | Pipelines for transporting poisonous substances under subparagraph 2 of Article 2 of the Chemicals Control Act; |
| Article 60 (Performance of Excavation Works) |
| (1) | Before starting excavation work under Article 62 (2) of the Act, an excavating contractor shall, in advance, verify as to whether any essential underground facilities are installed where the works are to be performed in the vicinity thereof. |
| (2) | A road management authority shall inspect whether an excavating contractor implements safety measures for essential underground facilities for the protection of road structure and for the safety of essential underground facilities. |
| Article 61 (Submission of As-Built Drawings) |
| (1) | Matters necessary for maintaining and managing roads, such as location, kinds, specifications, material of major underground facilities shall be specified in the as-built drawings under the latter part of Article 62 (2) of the Act. |
| (2) | For the maintenance and management of roads and the safety management of essential underground facilities, a road management authority shall also have as-built drawings submitted with respect to the facilities prescribed by Ordinance of Ministry of Land, Infrastructure and Transport, such as electric transmission facilities (excluding supply facilities for end users; hereinafter referred to as "general underground facilities") other than essential underground facilities. |
| Article 62 (Establishment of Road Management Council) |
| (1) | A Road Management Council (hereinafter referred to as "Management Council") shall be established under the jurisdiction of each road management authority (referring to a person delegated with authority or a deputy where a road management authority delegates him/her with its authority over granting permission to occupy and use roads or deputizes him/her to exert such authority; hereafter the same shall apply in Article 63) in order to deliberate on and coordinate matters concerning excavation of roads. |
| (2) | A Management Council shall deliberate on and coordinate the following matters: |
| 1. | Formulation and coordination of project plans accompanied by excavation of roads; |
| 2. | Project plans concerning occupancy and use of roads and measures for traffic flow and prevention of flying dust, etc.; |
| 3. | Maintenance and management of facilities related to excavation of roads; |
| 4. | Safety measures for essential underground facilities; |
| 5. | Safety measures for road facilities following the implementation of road excavation works; |
| 6. | Matters related to the excavation of roads in addition to those prescribed in subparagraphs 1 through 5. |
| Article 63 (Composition of Management Councils) |
| (1) | Each Management Council shall consist of up to 30 members, including a chairperson and a vice chairperson. |
| (2) | The following persons shall become the chairpersons of the Management Councils in accordance with the classifications of roads under Article 10 of the Act and persons appointed or entrusted by the heads of road management authorities shall become the vice chairpersons: |
| 1. | National expressways: A person nominated by the president of the Korea Expressway Corporation established under the Korea Expressway Corporation Act (hereinafter referred to as the "Korea Expressway Corporation") from among standing directors thereof; |
| 2. | National highways: Administrators of Regional Construction and Management Administrations; |
| 3. | Special Metropolitan City roads, Metropolitan City roads, and local highways: Persons appointed by the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or Special Self-Governing Province Governors, who are public officials of Grade IV or higher in charge of road duties of relevant Special Metropolitan City, Metropolitan Cities, Dos, or Special Self-Governing Province; |
| 4. | Si roads, Gun roads, and Gu roads: Vice heads of relevant Special Self-Governing City, Sis, Guns, or autonomous Gus. |
| (3) | Persons appointed or entrusted by a road management authority from among any of the following persons shall become members of a Management Council; at least two persons falling under subparagraphs 3 through 5 shall be included therein: |
| 1. | Public officials of an administrative agency (including a military unit) related to the excavation of roads; |
| 2. | Staff members under the control of the manager of essential underground facilities; |
| 3. | Persons who have sufficient knowledge and experience in the field of civil engineering, urban planning, transportation, or environment; |
| 4. | Residents of the relevant area who are recommended by the head of an administrative agency (including a military unit) related to the excavation of roads; |
| 5. | Persons recommended by non-governmental organizations. |
| (4) | The term of office of a member of a Management Council who is not a public official shall be two years; and the term of office of a member appointed or entrusted to fill a vacancy shall be the remaining term of office of his/her predecessor. In such cases, a staff member at an agency vicariously exercising authority related to granting permission to occupy and use roads shall be deemed a member who is a public official. |
| Article 64 (Application Mutatis Mutandis of Road Policy Deliberation Council) |
| (1) | Article 8 shall apply mutatis mutandis to the duties of the chairperson and vice-chairperson of a Management Council and to the vicarious performance of such duties. |
| (2) | Article 9 shall apply mutatis mutandis to exclusion, challenge, and abstention of the members of a Management Council. |
| (3) | Article 10 shall apply mutatis mutandis to dismissal and discharge from entrustment of the members of a Management Council. |
| (4) | Article 14 shall apply mutatis mutandis to allowances, etc. paid to the members of a Management Council. |
| (5) | In cases falling under paragraphs (1) through (4), "Committee" shall be construed as "Management Council," respectively; "deliberation and decision-making" as "deliberation and coordination," respectively, and "the Minister of Land, Infrastructure and Transport" as "a road management authority". |
| Article 65 (Meetings of Management Council) |
| (1) | The chairperson shall convene meetings of a Management Council and preside over the meetings. |
| (2) | A majority of the members of a Management Council shall constitute a quorum, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (3) | Where a Management Council intends to deliberate on and coordinate safety measures for essential underground facilities under Article 62 (2) 4, it shall hear explanations from an excavating contractor and the manager of such essential underground facilities, unless any extraordinary ground exists. |
| Article 66 (Sub-Councils) |
| (1) | A Management Council may have a safety measures sub-council to deliberate on and coordinate safety measures, etc. for essential underground facilities and a duplicated excavation sub-council (hereinafter referred to as "sub-council"; hereinafter the same shall apply) to deliberate on and coordinate the timing of projects, etc. in order to prevent duplicating excavation of roads. |
| (2) | The chairperson of a Management Council shall concurrently serve as the chairperson of a sub-council, and 10 to 20 members of a Management Council shall serve as members of a sub-council. In such cases, at least two members falling under Article 63 (3) 3 through 5 shall be included therein. |
| (3) | A majority of the members of a sub-council shall constitute a quorum begin, and any decision thereof shall require the concurring vote of at least a majority of those present. |
| (4) | Matters deliberated on and coordinated by sub-councils among those delegated by a Management Council shall be deemed deliberated on and coordinated by the Management Council. |
| Article 67 (Operating Rules of Management Councils) |
Matters necessary for the operation of a Management Council and sub-councils, in addition to those prescribed in Articles 62 through 66, shall be determined by the chairperson of the Management Council after its resolution.
| Article 68 (Notification for Vicarious Performance of Construction Works Involving Occupancy and Use of Roads) |
| (1) | Where a road management authority intends to notify the vicarious performance of construction works being the object of permission to occupy and use roads under Article 65 (2) of the Act, it shall attach a budget and design drawings to a notice for vicarious performance of construction works prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Article 33 (1) and (2) shall apply mutatis mutandis to the performance of construction works involving the occupancy and use of roads, which is vicariously conducted by a road management authority pursuant to Article 65 (1) of the Act. |
| Article 69 (Standards for Estimating Occupancy and Use Fees and Coordination Thereof) |
| (1) | Occupancy and use fees under Article 66 (1) of the Act collected on national expressways and general national highways (excluding general national highways of which road management authority is 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 pursuant to Article 23 (2) of the Act; hereafter the same shall apply in this Article and Article 71 (7)) shall comply with standards for calculating occupancy and use fees under attached Table 3 (hereinafter referred to as "occupancy and use fees"). |
| (2) | Occupancy and use fees collected on roads other than national expressways and general national highways under paragraph (1) shall be prescribed by Municipal Ordinance of relevant local governments within the scope prescribed by standards for calculating occupancy and use fees under attached Table 3. |
| (3) | Where a road is occupied and used continuously for at least two years, in which case an annual occupancy and use fee for the current year calculated pursuant to paragraph (1) and Article 68 of the Act increases by at least 10 percent of the annual fee paid in the previous year, the annual occupancy and use fee for the current year shall be the amount which has increased by 10 percent of that paid in the previous year. <Amended by Presidential Decree No. 26753, Dec. 22, 2015; Presidential Decree No. 27588, Nov. 15, 2016> |
| Article 70 (Grounds for Return of Occupancy and Use Fees) |
"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" in Article 66 (2) 3 of the Act means any of the following: | 1. | Where the occupancy and use of a road is terminated as the objective of occupancy and use of a road is obviated due to a natural disaster, disaster corresponding thereto or unavoidable circumstances before the period of occupancy and use of a road expires; |
| 2. | Where the period of occupancy and use of a road is curtailed after permission to modify occupancy and use of a road is obtained pursuant to the latter part of Article 61 (1) of the Act; |
| Article 71 (Imposition, Collection, and Return of Occupancy and Use Fees) |
| (1) | Where a road management authority intends to impose and collect occupancy and use fees pursuant to Article 66 (1) of the Act, it shall issue a payment notice to persons obligated to pay occupancy and use fees: Provided, That where at least two owners of land or buildings being the object of occupancy and use exist, and where the manager of such land and buildings or a representative entrusted with full powers by all the owners exists, the road management authority may issue a payment notice to the manager or representative. |
| (2) | In imposing occupancy and use fees pursuant to paragraph (1), a road management authority shall impose and collect the total amount of occupancy and use fees at the time occupancy and use is permitted if the period of occupancy and use does not exceed one year; if the period of occupancy and use exceeds one year, it shall impose and collect such fees on a fiscal year basis; fees for the year shall be imposed and collected at the time occupancy and use is permitted and fees for subsequent years shall be imposed and collected within three months after each fiscal year begins: Provided, That only if annual occupancy and use fees exceed 500,000 won, such fees may be imposed and collected in by up to four installments a year; in such cases, an interest calculated pursuant to the latter part of Article 30 (3) of the Enforcement Decree of the State Property Act shall be added to the remaining amount. |
| (3) | Where a person obligated to pay occupancy and use fees so wishes, a road management authority may impose and collect fees for the whole or remaining period of occupancy and use at a time. |
| (4) | No occupancy and use fees shall be imposed if the amount of occupancy and use fees under paragraph (2) is under 10,000 won. <Amended by Presidential Decree No. 28461, Dec. 5, 2017> |
| (5) | A person who obtains permission to occupy and use roads may file an application with a road management authority for the return of occupancy and use fees after submitting documents evidencing grounds for return of occupancy and use fees within 60 days from the date grounds for return of occupancy and use fees occur pursuant to Article 66 (2) of the Act. |
| (6) | Where a road management authority receives an application for the return of occupancy and use fees pursuant to paragraph (5), it shall examine and verify as to whether restoration to original state under Article 73 (1) of the Act is completed and within 30 days notify the applicant of whether occupancy and use fees are to be returned. |
| (7) | Matters necessary for the return of occupancy and use fees, such as procedures and methods of return of occupancy and use fees of roads other than national expressways and general national highways under Article 66 (4) of the Act shall be prescribed by Municipal Ordinances of relevant local governments within the scope of paragraphs (5) and (6). |
| Article 72 (Payment of Occupancy and Use Fees by Credit Card) |
| (1) | "Payment service provider specified by Presidential Decree" in the former part of Article 67 (1) of the Act means any of the following agencies that process payments by credit card, debit card, etc. (hereinafter referred to as "credit card, etc.") using information and communications networks: |
| 1. | Korea Financial Telecommunications and Clearings Institute established with permission from the Financial Services Commission pursuant to Article 32 of the Civil Act; |
| 2. | An agency designated by a road management authority as a payment service provider in consideration of facilities, work competency, scale of capital, etc. |
| (2) | Where a payment service provider under paragraph (1) 2 falls under any of the following, a road management authority may revoke the designation of payment service provider: |
| 1. | Where it is deemed impractical to ordinarily implement agency duties concerning occupancy and use fees due to reduction in facilities, decrease in the size of capital, etc. under paragraph (1) 2; |
| 2. | Where it is deemed to lack work competency, such as cases where payment duties by credit card, etc. are not ordinarily implemented. |
| (4) | Fees for the payment service under the latter part of Article 67 (1) of the Act shall be approved by a road management authority in comprehensive consideration of operational expenses of the payment service agency. In such cases, fees for the payment service shall not exceed 10/1,000 of the payment. |
| (5) | Matters necessary for the payment of occupancy and use fees by credit card, etc. may be separately determined by road management authorities. |
| Article 73 (Reduction of and Exemption from Occupancy and Use Fees) |
| (1) | A non-profit project intended for public use or public interest under subparagraph 1 of Article 68 of the Act means a non-profit project implemented by the State or a local government, or a corporation established to implement public purposes and prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | "Project specified by Presidential Decree" in subparagraph 3 of Article 68 of the Act means a project for installing electric power supply facilities, telecommunications facilities, oil pipelines, gas supply facilities, heat ducting facilities, electric vehicle charging stations, hydrogen vehicle charging stations, and other similar facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. In such cases, the above projects shall include a project that a person who needs the relevant facilities directly installs the relevant facilities in consultation with a person who should install the facilities. <Amended by Presidential Decree No. 27588, Nov. 15, 2016; Presidential Decree No. 28461, Dec. 5, 2017> |
| (3) | Reduction of and exemption from occupancy and use fees referred to in Article 68 of the Act shall be as follows: <Amended by Presidential Decree No. 26753, Dec. 22, 2015; Presidential Decree No. 27974, Mar. 29, 2017> |
| 1. | Where the occupancy and use of a road falls under subparagraphs 1, 4, and 7 through 9 of Article 68 of the Act: |
| (a) | Where the occupancy and use of a road falls under subparagraphs 1, 7 and 9 of Article 68 of the Act: The occupancy and use fee shall be exempted in full; |
| (b) | Where the occupancy and use of a road falls under subparagraph 4 of Article 68 of the Act: The occupancy and use fee shall be exempted in full: Provided, That where a house and facilities other than the house are built in the same building, the fee for the floor area occupied and used equivalent to a percentage for which the floor area of the house accounts of the total floor area of the building shall be exempted in full; |
| (c) | Where the occupancy and use of land falls under subparagraph 8 of Article 68 of the Act: The occupancy and use fee shall be exempted in full: Provided, That the occupancy and use fee shall be exempted until the total amount of occupancy and use fees reaches the value of land donated within 10 years; however, where the floor area ratio increases due to the donation of land, such land shall not be eligible for reduction of or exemption from occupancy and use fees; |
| 2. | Where subparagraph 2 of Article 68 of the Act is applicable: Fees shall be reduced or exempted as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport according to the level of disaster or other circumstances; |
| 3. | Where the occupancy and use of land falls under subparagraphs 3, 4-2 and 6 of Article 68 of the Act: Half the occupancy and use fee shall be reduced: Provided, That where a quasi-house used for residential purposes and facilities other than the quasi-house are built in the same building, half the fee shall be reduced for the floor area occupied and used equivalent to a percentage for which the floor area of the quasi-house used for residential purposes accounts of the total floor area of the building; |
| 4. | Where subparagraph 5 of Article 68 of the Act is applicable: 1/10 of occupancy and use fees shall be reduced. |
| Article 74 (Interest on Occupancy and Use Fees Erroneously Paid or Overpaid) |
| Article 75 (Storage and Disposal of Piles of Articles) |
| (1) | Where a road management authority has removed piles of objects pursuant to Article 74 (1) and (2) of the Act, it shall ensure that the owner or manager of such piles of objects can easily identify the storage place, etc. of the piles of objects, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a road management authority keeps piles of objects that have been removed pursuant to Article 74 (1) and (2) of the Act, it shall publicly announce such fact on the bulletin board of the road management authority for a specified period, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and prepare and keep a register of the piles of objects and make the register available for perusal by interested parties. |
| (3) | Where a road management authority is not able to identify the owner or manager of piles of objects by the end of the period of public announcement under paragraph (2), it shall publicly announce the fact in a daily newspaper: Provided, That where the property value thereof is deemed not to merit public announcement in a daily newspaper, this shall not apply. |
| (4) | Where piles of objects under paragraph (1) are likely to wear out, be spoiled, be destroyed, if they are left as they are, a road management authority may sell the piles of objects and take custody of proceeds from the sale. In such cases, paragraphs (2) and (3) shall apply mutatis mutandis to the public announcement of storage of the proceeds. |
| 1. | Where no bidder is deemed to appear even if competitive bidding is invited; |
| 2. | Where competitive bidding is deemed inappropriate as the property value thereof is infinitesimal. |
| Article 76 (Return and Transfer of Piles of Objects) |
| (1) | Where a road management authority intends to return piles of objects being kept thereby (including sale proceeds; hereinafter the same shall apply) to the owner or manager, it shall check the full name, address and date of birth of the person receiving the returning piles of objects and as to whether he/she is lawfully entitled thereto. |
| (2) | Where a road management authority returns piles of objects pursuant to paragraph (1), it may collect expenses incurred in the removal, carriage, storage, sale, etc. of the piles of objects from the owner or manager. |
| (3) | Where the owner or manager of piles of objects to whom the piles of objects are to be returned is unknown or no request for return is made even after one month elapses from the date of public announcement under Article 75 (3) (including cases in which such provision applies mutatis mutandis in Article 75 (4)), such piles of objects shall be transferred to the National Treasury if relevant road management authority is the Ministry of Land, Infrastructure and Transport and to a local government with which the relevant road management authority is affiliated if the relevant road management authority is an administrative agency. |
CHAPTER VII PROTECTION OF ROADS AND BURDENS OF PUBLIC PROJECTS
| Article 77 (Public Announcement of Prohibition of or Restrictions on Traffic on Roads) |
| 1. | Kind and route name of relevant road; |
| 2. | Road section on which traffic is prohibited or restricted and the period of prohibition or restriction; |
| 3. | Traffic subject to prohibition or restriction; |
| 4. | Grounds for traffic prohibition or restriction; |
| 5. | Other matters necessary for prohibiting or restricting traffic. |
| Article 78 (Standards and Procedures for Emergency Traffic Restrictions) |
| (1) | Standards for temporary prohibition or restriction of access by automobiles to a road or of traffic of automobiles on a road pursuant to Article 76 (6) of the Act (hereinafter referred to as “emergency traffic restriction”) shall be as follows: <Amended by Presidential Decree No. 26603, Oct. 29, 2015> |
| 1. | Where the amount of snowfall on the relevant road section is at least 10 centimeters; |
| 2. | Where the average amount of snowfall per hour on the relevant road section continues to be at least 3 centimeters for at least six hours; |
| 3. | Where the average wind speed for 10 minutes on a bridge is at least 25 meters per second (in the case of a double decker bridge, including cases in which average wind speed for 10 minutes on the upper decker is at least 20 meters per second); |
| 4. | Where the range of vision is not more than 10 meters due to fog, etc.; |
| 5. | Where traffic congestion or lag increases markedly or traffic danger increases markedly as traffic on a specific location is held up due to a natural disaster, multiple pile-up, big traffic accident accompanied by the leakage of dangerous things, etc. |
| (2) | Where a road management authority, the Korea Expressway Corporation, or the manager of a privately financed road implements emergency traffic restrictions pursuant to Article 76 (6) of the Act, he/she shall, without delay, install a sign indicating the following matters on both sides of a road section where traffic is prohibited or restricted and at other necessary places: |
| 1. | Type, route number, and route name of relevant road; |
| 2. | Road section and period subject to emergency traffic restriction; |
| 3. | Object subject to emergency traffic restriction; |
| 4. | Grounds for emergency traffic restriction; |
| 5. | Other matters necessary for emergency traffic restrictions. |
| (3) | Where emergency traffic restriction is implemented pursuant to Article 76 (6) of the Act, a road management authority, the Korea Expressway Corporation, or the manager of a privately financed road shall notify the chief of a competent police agency of matters under the subparagraphs of paragraph (2), location and time ground for emergency traffic restrictions arise, traffic control status, etc. |
| Article 79 (Restrictions on Operation of Vehicles) |
| (1) | Where a road management authority intends to restrict the operation of vehicles pursuant to Article 77 (1) of the Act, it shall install a sign indicating the following matters on each side of the road section where operation is to be restricted and at other necessary places: |
| 1. | Type, route number, and route name of relevant road; |
| 2. | Road section where operation of vehicles is restricted and period of restriction; |
| 3. | Vehicles subject to restricted operation; |
| 4. | Reasons for restriction of operation; |
| 5. | Other matters necessary for restricting operation. |
| (2) | Vehicles, operation of which may be restricted by a road management authority pursuant to Article 77 (1) of the Act shall be as follows: |
| 1. | Vehicles whose axial load exceeds 10 tons or whose gross weight exceeds 40 tons; |
| 2. | Vehicles exceeding 2.5 meters in width, 4.0 meters in height (4.2 meters in the case of a road approved and publicly notified by a road management authority as not impeding the protection of road structure and traffic safety), and 16.7 meters in length; |
| 3. | Vehicles deemed by a road management authority to create particular obstacles to the protection of road structure and traffic safety. |
| (3) | Where necessary to protect road structure and prevent danger to traffic in the event of a natural disaster or other emergency, a road management authority may also restrict the operation of vehicles other than those falling under paragraph (2). |
| (4) | A person who intends to obtain permission under the proviso to Article 77 (1) of the Act shall submit an application for permission to operate restricted vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport with the following matters indicated, together with a statement of gross loads passing over structures to a road management authority: Provided, That where the road management authority deems that the degree exceeding the restrictive standards under paragraph (2) is slight or the reinforcement of structures is unnecessary, submission of a statement of gross loads passing over structures, may be omitted: |
| 1. | Type of road for operation and route name; |
| 2. | Road section for operation and the total length thereof; |
| 3. | Specifications of vehicles; |
| Article 80 (Interference with Measuring Loads) |
| 1. | Manipulating axles using lifting devices or pressure regulators of vehicles; |
| 2. | Adjusting pneumatic pressure of vehicle wheels; |
| 3. | Adjusting wheel base or axle height of vehicles; |
| 4. | Operating vehicles by deviating the course to avoid the specified location of traffic enforcement equipment; |
| 5. | Not operating vehicles at specified speed, or decreasing or increasing speed when passing through traffic enforcement equipment; |
| 6. | Not complying with the request of a road management authority with regard to method of measuring loadage. |
| Article 80-2 (Measurement of Laden Weight of Trucks) |
| (1) | Where a person who drives a truck with a maximum laden weight of at least 4.5 tons passes a toll booth on the entrance of a national expressway, he/she shall drive the truck on the lane where laden weight measuring equipment is installed pursuant to Article 78 (3) of the Act. In such cases, the driving speed shall not exceed 10 kilometers per hour. |
| (2) | Notwithstanding paragraph (1), where there are exceptional circumstances, such as the breakdown of measuring equipment, a trucker shall drive a truck under the direction of the road management authority. |
[This Article Newly Inserted by Presidential Decree No. 26603, Oct. 29, 2015]
| Article 81 (Selection of Major Routes) |
| (1) | Pursuant to Article 79 of the Act, the Minister of Land, Infrastructure and Transport may select major routes on which the operation of vehicles is restricted, among the following routes: <Amended by Presidential Decree No. 27972, Mar. 29, 2017> |
| 3. | Other roads requested by road management authorities as they deem it necessary to select such roads as major routes to facilitate transportation, etc. of exports and imports. |
| (2) | Where the Minister of Land, Infrastructure and Transport selects major routes under paragraph (1), he/she shall hear the opinions of road management authorities having jurisdiction over such routes, and may request the relevant road management authorities to take necessary measures, such as submission of data and on-site inspection. In such cases, the relevant road management authority shall comply with such request, unless there is a compelling reason not to do so. |
| (3) | Where the Minister of Land, Infrastructure and Transport deems it necessary for a major route selected pursuant to paragraph (1), he/she may request relevant administrative agencies to conduct performance examination of relevant road, reinforcement, etc., and relevant administrative agencies shall make a report on the results of performance examination, reinforcement, etc. to the Minister of Land, Infrastructure and Transport. |
| (4) | Where the Minister of Land, Infrastructure and Transport deems that no problem exists in alleviating standards for restriction on the operation of vehicles under Article 79 (2) as a result of measures, such as performance examination and reinforcement, taken by relevant administrative authorities pursuant to paragraph (3), he/she shall publicly notify the following matters in the Official Gazette: |
| 1. | Kind of road, route number, and route name; |
| 2. | Road section for operation and the total length thereof; |
| 3. | Reasons for alleviating restriction on operation; |
| 4. | Details of alleviation of restriction on operation of vehicles under Article 79 (2); |
| 5. | Other matters deemed by the Minister of Land, Infrastructure and Transport as necessary. |
CHAPTER VIII COSTS AND BENEFITS CONCERNING ROADS
| Article 82 (Scope of Costs and Benefits) |
| 1. | Costs incurred in the inspection or design of road works; |
| 2. | Costs incurred in the construction of roads; |
| 3. | Costs incurred in the maintenance and management of roads; |
| 4. | Costs incurred in the purchase of sites for roads or compensation related thereto; |
| 5. | Costs incurred in the purchase or transfer of structures or other things on grounds necessary for roads or compensation related thereto; |
| 7. | Costs incurred in the vicarious performance of duties in accordance with statutes; |
| 8. | Costs incurred in the management of roads, other than those prescribed in subparagraphs 1 through 7; |
| 9. | Costs incurred in the collection of charges concerning roads; |
| 10. | Costs incurred in disposition on default concerning roads; |
| 11. | Other costs incurred in relation to roads determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| 2. | Things not in use: Provided, That excluded herefrom are those determined and publicly notified by the Minister of Land, Transport and Maritime Affairs; |
| 3. | Other benefits accruing from roads determined and publicly notified by the Minister of Land, Infrastructure and Transport. |
| Article 83 (Application for Adjudication concerning Bearing of Costs) |
A person who intends to apply for adjudication to the Minister of Land, Infrastructure and Transport, or the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor for adjudication pursuant to Article 85 (3) of the Act shall submit an application for adjudication accompanied by design drawings or explanation on methods of maintenance and management and written progress of consultation.
| Article 84 (Bearing of Costs Incurred in Constructing Branch Lines of Bypass of National Highways and General National Highways) |
| (1) | Costs incurred in constructing branch lines of a bypass of national highways under Article 86 (1) of the Act (referring to a bypass detouring a national highway under Article 12 (2) of the Act; hereinafter referred to as "bypass of national highway") and general national highways shall be the following construction costs and compensation: |
| 1. | Construction costs: Costs calculated by subtracting compensation and costs to be incurred in inspection and design from the total costs incurred in the construction of relevant road; |
| 2. | Compensation costs: All the costs to be incurred in securing relevant site for road, such as costs of the purchase of land, compensation concerning buildings and standing trees, compensation for rights other than ownership, such as business rights, fishery rights and mining rights, costs of relocation, other indirect compensation, etc. |
| (2) | Pursuant to Article 86 (1) of the Act, a local government having jurisdiction over a zone where the bypass of a national highway (limited to a Dong area) is located may be made to bear compensation, among costs required for the construction of the bypass of a national highway. |
| (3) | Notwithstanding paragraph (2), where compensation exceeds 30/100 of the costs incurred in constructing the bypass of a national highway in a road section established in a zone of a local government (limited to a Dong area) in which the bypass of a national highway is located, some costs exceeding budget may be borne by the National Treasury. |
| (4) | A Metropolitan City, Special Self-Governing City, Do, or Special Self-Governing Province having jurisdiction over a zone in which a branch line (limited to an Eup area or Myeon area) of a national highway is located may be made to bear part of the costs incurred in constructing the branch line where construction of the branch line is deemed to substantially affect the development of the area in which the branch line is located. |
| Article 85 (Subsidization for State-Funded Local Highways and Congested Metropolitan Roads) |
| (1) | Costs incurred in constructing State-funded local highways under Article 86 (2) of the Act (referring to State-funded local highways designated and publicly notified pursuant to Article 15 (2) of the Act; hereinafter referred to as "State-funded local highways") shall consist of construction costs and compensation falling under the subparagraphs of Article 84 (1). |
| (2) | Costs incurred in repairing, maintaining, and managing a State-funded local highway under Article 86 (2) of the Act shall be the costs calculated by subtracting the following costs from costs to be incurred in repairing, maintaining, and managing such highway: |
| 1. | Costs incurred in installing additional lanes; |
| 2. | Costs incurred in installing overpass facilities; |
| 3. | Costs incurred in improving the shape of lanes; |
| 4. | Costs incurred in installing facilities similar to those under subparagraphs 1 through 3. |
| (3) | Construction costs among costs required for the construction of State-funded local highways shall be borne by the National Treasury pursuant to Article 86 (2) of the Act; where compensation exceeds 30/100 of the costs incurred in constructing State-funded local highways, part of the excess costs may be borne by the National Treasury within budgetary limits. |
| (4) | Where the repair, maintenance, and management of a road section constructed with subsidy from the State is deemed hindered by financial difficulties of a local government to which a road management authority is affiliated, some costs incurred in repairing, maintaining, and managing a State-funded local highway may be borne by the National Treasury within budgetary limits. |
| (5) | Where the Special Metropolitan City Mayor or a Metropolitan City Mayor conducts inspection and design of a State-funded local highway pursuant to the proviso to Article 31 (3) of the Act, costs incurred in inspecting and designing shall be borne by the National Treasury. |
| (6) | Where some costs incurred in implementing detailed project plan for the improvement of congested metropolitan roads is subsidized pursuant to Article 86 (2) of the Act, construction costs under Article 84 (1) 1 (including costs incurred in inspecting and designing) may be subsidized within budgetary limits. |
| Article 86 (Application to Include Subsidies in Budget) |
| (2) | An application for including subsidies in the budget under paragraph (1) shall be made for projects of which working design of the relevant road is completed: Provided, That where urgent implementation of a project becomes necessary for the safety of roads or Ordinance of the Ministry of Land, Infrastructure and Transport prescribes, an application for including subsidies in the budget may be filed even for a project, working design of which is not completed. |
| Article 87 (Report on Construction of State-Funded Local Highways) |
| (1) | A road management authority shall report the following matters concerning the construction of State-funded local highways and congested metropolitan roads to the Minister of Land, Infrastructure and Transport and the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Report on the commencement of construction; |
| 2. | Report on the quarterly progress of construction. |
| (2) | A road management authority shall prepare a report on the outcomes of projects concerning the construction of State-funded local highways and congested metropolitan roads, and submit it to the Minister of Land, Infrastructure and Transport and the Minister of the Interior and Safety, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in the following cases: <Amended by Presidential Decree No. 25751, Nov. 19, 2014; Presidential Decree No. 28211, Jul. 26, 2017> |
| 1. | Where a fiscal year expires; |
| 2. | Where the construction of State-funded local highways or congested metropolitan roads is completed. |
| Article 88 (Orders to Administrative Agencies to Bear Costs) |
| (1) | Where the Minister of Land, Infrastructure and Transport intends to require the relevant administrative agency to partially bear costs for roads pursuant to Articles 87 (1) and 88 (2) of the Act, he/she shall attach design drawing to a written order to bear costs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor intends to require the relevant Si, Gun, or autonomous Gu to partially bear costs for roads pursuant to Articles 87 (2) and 88 (2) of the Act, he/she shall attach design drawings to a written order to bear costs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 89 (Orders to Managers of Other Structures to Bear Costs) |
| (1) | Where a road management authority intends to require the managers of other structures to bear costs for roads pursuant to Article 89 (2) of the Act, he/she shall attach design drawings or directions for maintenance and management, to a written order to bear costs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a road management authority intends to require the managers of other structures to bear costs incurred in constructing other structures or the management of other structures pursuant to the main sentence of Article 89 (3) of the Act, it shall attach design drawings or directions for maintenance and management to a written order to bear costs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where the manager of relevant structure is the State, it shall, in advance, consult with the person who occupies and uses relevant road. |
| Article 90 (Orders to Bear Costs of Incidental Works) |
Where a road management authority intends to require an obligor of the costs of other construction works or other activities to fully or partially bear the costs of incidental works pursuant to Article 90 (3) of the Act, it shall attach design drawings or directions for maintenance and management to a written order to bear costs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
| Article 91 (Orders to Bear Costs to Causers) |
Where a road management authority intends to require an obligor of the costs of other construction works or other activities to fully or partially bear the costs of the road works pursuant to Article 91 (1) of the Act, it shall attach design drawings or directions for maintenance and management to a written order to bear costs prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
CHAPTER IX SUPPLEMENTARY PROVISIONS
| Article 92 (Application for Adjudication) |
| (1) | Where adjudication for dispositions or restrictions issued by the Minister of Land, Infrastructure and Transport, the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor") is to be applied pursuant to Article 99 (3) of the Act, an application shall be filed with the Central Land Tribunal under Article 49 of the Act on Acquisition of and Compensation for Land for Public Works Projects; where adjudication for dispositions or restrictions issued by the head of a Si/Gun/autonomous Gu is to be applied, an application shall be filed with a local land tribunal under Article 49 of the same Act. |
| (2) | A person who intends to apply for adjudication under paragraph (1) shall file an application for adjudication specifying the following matters with a competent land tribunal: |
| 1. | Name and address of the adjudication applicant and the other parties; |
| 3. | Details of the amount of compensation for loss, determined by the Minister of Land, Infrastructure and Transport or an administrative agency and the amount of loss submitted by the applicant; |
| 4. | Progress of consultation. |
| Article 93 (Imposition of Charges for Compelling Compliance) |
| (1) | Standards for imposing charges for compelling compliance under Article 100 (1) of the Act shall be as listed in attached Table 5. |
| (2) | Warnings under Article 100 (2) of the Act shall be issued in writing, specifying a period for performance not exceeding three months. |
| Article 94 (Public Announcement of Authorization of Establishment of Association) |
Where the Minister of Land, Infrastructure and Transport authorizes the establishment of a road association under Article 105 (1) of the Act (hereinafter referred to as the "Association"), he/she shall publicly announce such fact.
| Article 95 (Duties Entrusted to Association) |
| Article 96 (Matters to Be Provided for in Articles of Association) |
The articles of association of the Association shall include the following:
| 2. | Location of the main office; |
| 3. | Duties of the Association and matters concerning performance thereof; |
| 4. | Matters concerning executive officers; |
| 5. | Matters concerning general meetings and board of directors; |
| 6. | Matters concerning qualifications for members, joining and withdrawal from membership, and rights and obligations of members; |
| 7. | Matters concerning finance and accounting; |
| 8. | Matters concerning amendment of the articles of association; |
| 9. | Matters concerning dissolution and handling of residual assets; |
| 10. | Matters concerning the operation, etc. of the Association. |
| Article 97 (Supervision of Association) |
| (1) | The Minister of Land, Infrastructure and Transport shall supervise the affairs of the Association. |
| (2) | Where necessary for the supervision of the Association, the Minister of Land, Infrastructure and Transport may require the Association to report its affairs, submit data or take other measures. |
| Article 98 (Application Mutatis Mutandis of Provisions on Applications for Permission) |
Where the head of a central administrative agency or the head of a local government implementing a relevant project intends to consult with a road management authority or obtain approval therefrom pursuant to Article 107 of the Act, provisions of this Decree concerning application for permission shall apply thereto mutatis mutandis.
| Article 99 (Urban or Gun Planning Facility Roads) |
| (1) | "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 Article 108 of the Act means any of the following roads: |
| 2. | A road publicly announced by a Mayor/Do Governor or the head of a Si/Gun/autonomous Gu, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, among roads other than roads under subparagraph 1 and roads under the subparagraphs of Article 10 of the Act. |
| (2) | The road management agency according to the subparagraphs of paragraph (1) shall be as follows: |
| 1. | A road under paragraph (1) 1: 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/Gun/autonomous Gu which has jurisdiction over the location of the relevant road; |
| 2. | A road under paragraph (1) 2: A Mayor/Do Governor or the head of a Si/Gun/autonomous Gu who makes a public announcement. |
| Article 100 (Delegation of Authority) |
| (1) | Pursuant to Article 110 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his/her authority over congested roads in metropolitan areas specified in the following, to the Commission on Intercity Transport in Metropolitan Areas under Article 8 of the Special Act on the Management of Intercity Transport in Metropolitan Areas: <Newly Inserted by Presidential Decree No. 29634, Mar. 19, 2019> |
| 1. | Formulating a plan for a project designed to improve heavily congested conditions in metropolitan area roads under Article 8 (1) of the Act, amending such plan under the main sentence of paragraph (6) of the same Article, and conducting an investigation into the actual conditions of traffic congestion under paragraph (7) of the same Article; |
| 2. | Receiving a report on the commencement of construction and a report on the quarterly progress of construction under Article 87 (1), and receiving a report on the outcomes of projects under paragraph (2) of the same Article. |
| (2) | Pursuant to Article 110 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his/her authority over general national highways to a Mayor/Do Governor as specified below: <Amended by Presidential Decree No. 29634, Mar. 19, 2019> |
| 1. | Authority over each of the following in the case of general national highways (excluding national highways delegated to local governments under subparagraph 2): |
| 2. | Authority under each item of subparagraph 1 and each subparagraph of paragraph (3) (excluding subparagraph 3) in the case of national highways delegated to local governments. |
| (3) | Pursuant to Article 110 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his/her authority over the following for general national highways to the Administrator of the relevant Regional Construction and Management Administration, except for road sections under subparagraph 2 of paragraph (2): <Amended by Presidential Decree No. 29152, Sept. 11, 2018; Presidential Decree No. 29634, Mar. 19, 2019> |
| 1. | Determination, modification, closure, and public notification of road zones under Article 25 of the Act; |
| 5. | Issuing orders to perform road works and to maintain and manage roads and conducting completion inspection for the managers of other structures under Article 33 (1) and (3) of the Act; |
| 6. | Directly performing construction works of other structures and notification of implementation of construction and construction completion under Article 33 (1) and (4) of the Act; |
| 8. | Issuing orders for construction works to a person obligated for construction works, etc. under Article 35 of the Act; |
| 10. | Issuing orders for minor road works or maintenance and management of roads to public organizations or private persons under Article 37 of the Act; |
| 21. | Establishment and operation of road traffic information systems and collection, processing, and supply of road information under Article 60 of the Act; |
| 31. | Issuing orders to drivers of vehicles in violation of restriction on operation of vehicles under Article 80 of the Act; |
| 33. | Temporary use, expropriation, etc. of land, etc. in the case of a disaster under Article 83 of the Act; |
| 34. | Imposition and collection of costs of road works and for the maintenance and management of roads on and from managers of other structures under Article 89 (2) of the Act; and imposition and collection of costs incurred in constructing and managing other structures under paragraph (3) of the same Article; |
| 37. | Dispositions or measures (excluding authority delegated to a Mayor/Do Governor pursuant to paragraph (1) 1 (b)) against violators, etc. of statutes or regulations under Article 96 of the Act; |
| (4) | Pursuant to Article 110 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his/her authority over the following to the Administrators of Regional Construction and Management Administrations for State-funded local highways: <Amended by Presidential Decree No. 29634, Mar. 19, 2019> |
| 1. | Receipt of reports on the commencement of construction works and quarterly reports on the progress of construction works under Article 87 (1); |
| 2. | Receipt of reports on the outcomes of projects under Article 87 (2). |
| (5) | Where the Administrator of a Regional Construction and Management Administration receives a report on the commencement of construction works, a quarterly report on the progress of construction works, or a report on the outcomes of projects under the subparagraphs of paragraph (4), he/she shall report it to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 29634, Mar. 19, 2019> |
| (6) | Pursuant to Article 110 (1) of the Act, the Minister of Land, Infrastructure and Transport shall delegate his/her authority over the imposition and collection of administrative fines concerning national expressways under Article 117 of the Act to the Administrators of Regional Construction and Management Administrations. <Amended by Presidential Decree No. 29634, Mar. 19, 2019> |
| Article 101 (Entrustment of Duties) |
| 2. | Management of special bridges, among bridges under subparagraph 2 of Article 2. |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to entrust duties to an agency pursuant to Article 110 (3) of the Act, he/she shall entrust duties to any of the following agencies deemed to have human resources and equipment capable of implementing entrusted duties: |
| 1. | A government-funded research institute established pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes or the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes; |
| 2. | A non-profit corporation incorporated with permission from the Minister of Land, Infrastructure and Transport pursuant to Article 32 of the Civil Act; |
| (3) | Where the Minister of Land, Infrastructure and Transport entrusts an agency with duties pursuant to paragraph (2), he/she shall publicly notify the name, address, and representative of the agency to be entrusted with duties, details of duties to be entrusted, methods of performing such duties, and other matters. |
| Article 102 (Delegation of Duties to Purchase Land) |
| (1) | Where the Minister of Land, Infrastructure and Transport delegates duties of purchasing land and compensating for loss pursuant to Article 111 (1) of the Act, he/she shall specify land to be purchased and conditions of such delegation. |
| (2) | "Rate specified by Presidential Decree" in Article 111 (2) of the Act shall be determined by consultation between the Minister of Land, Infrastructure and Transport and a Mayor/Do Governor or the head of a Si/Gun/Gu within the scope prescribed in attached Table 6. |
| (3) | Where the Minister of Land, Infrastructure and Transport entrusts the duties to purchase land and compensation for loss pursuant to Article 111 (1) of the Act, he/she shall also pay costs to be paid for purchasing land or compensating for loss, such as fees for appraisal, fees for registration, etc. in addition to fees for delegation under Article 111 (2) of the Act. |
| (4) | The Minister of Land, Infrastructure and Transport and a Mayor/Do Governor or the head of a Si/Gun/Gu delegated with duties pursuant to Article 111 (1) of the Act shall settle costs incurred in performing the duties to purchase land and compensate for loss within 30 days from the date the purchase of land is completed. |
| Article 103 (Vicarious Performance of Duties concerning National Expressways) |
| (1) | Pursuant to Article 112 (1) of the Act, the Minister of Land, Infrastructure and Transport may delegate authority to the Korea Expressway Corporation to perform his/her duties concerning national expressways prescribed in Articles 31 (1), 33 through 36, 40 through 44, 47 (2), 47-2, 49, 55 through 57, 61 through 74, 76 through 78, 80 through 83, 89, 90, 91 (1), (2), and (4) through (6), 95 through 97, 98 (2) and (3), 99, 100, 102, 103, 106 (2), and 111 of the Act, and Articles 43 and 44 (1) through (3) of this Decree. <Amended by Presidential Decree No. 26334, Jun. 22, 2015; Presidential Decree No. 29152, Sept. 11, 2018> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to delegate authority to the Korea Expressway Corporation to perform his/her duties pursuant to paragraph (1), he/she shall, in advance, publicly announce the name of relevant national expressway, road section, details of authority to be delegated and the period. |
| (3) | Where, pursuant to Article 112 (3) of the Act, the Minister of Land, Infrastructure and Transport intends to delegate authority to the Korea Expressway Corporation to perform his/her duties of purchasing land in clearance zones under Articles 41 through 44 of the Act, he/she shall pay 5/1,000 of the purchase price as a fee for the duties delegated. |
| (4) | Where, pursuant to Article 112 (3) of the Act, the Minister of Land, Infrastructure and Transport delegate authority to the Korea Expressway Corporation to perform his/her duties of purchasing land in clearance zones under Articles 41 through 44 of the Act, he/she shall also pay costs to be paid for purchasing land, such as fees for appraisal, fees for registration, etc. in addition to fees for deputized duties under paragraph (3). |
| Article 103-2 (Processing of Personally Identifiable Information) |
Where it is inevitable to conduct the following affairs, a road management authority (including a person to whom authority of the Minister of Land, Infrastructure and Transport has been delegated pursuant to Article 100) may process data including resident registration numbers under subparagraph 1 of Article 19 of the Enforcement Decree of the Personal Information Protection Act or alien registration numbers under subparagraph 4 of the aforesaid Article: | 1. | Affairs concerning the receipt of applications for permission to make the connection under Article 52 (1) of the Act and the confirmation of details of applications; |
| 2. | Affairs concerning the receipt of applications for permission to occupy and use a road (including cases applied mutatis mutandis pursuant to Article 108 of the Act) under Article 61 of the Act and the confirmation of details of applications; |
| 6. | Affairs concerning the receipt of reports on succession of rights and duties (including cases applied mutatis mutandis pursuant to Article 108 of the Act) under Article 106 of the Act and the confirmation of details of reports. |
[This Article Newly Inserted by Presidential Decree No. 27588, Nov. 15, 2016]
| Article 104 (Review of Regulation) |
The Minister of Land, Infrastructure and Transport shall review the validity of the following matters every three years (referring to the period until January 1 of the year in which three years elapse) as of January 1, 2017, and take measures, such as making improvements:
| 1. | Activities subject to permission under Article 26 (1); |
| 2. | Matters concerning applications for permission to occupy and use a road under Article 54 (1); |
| 3. | Criteria for granting permission for a privately-erected sign to occupy and use a road under Article 54 (5) and subparagraph 1 (h) of attached Table 2; |
| 4. | Structures to be installed under an overpass under subparagraph (9) of Article 55, which are subject to permission to occupy and use a road; |
| 5. | Exceptional grounds for restrictions on permission to occupy and use the surface of the paved road, which is the road constructed, enlarged or improved under Article 56 (6); |
| 6. | Submission of as-built drawings under Article 61; |
| 7. | Criteria for calculation of occupancy and use fees on a construction site temporarily located under Article 69 (1) and subparagraph 10 of attached Table 3; |
| 8. | Adjustment of occupancy and use fees under Article 69 (3). |
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
| Article 105 (Standards for Imposition of Administrative Fines) |
Standards for imposition of administrative fines under Article 117 (1) through (3) of the Act shall be as prescribed in attached Table 7: Provided, That in the cases of a road, the road management authority of which is an administrative agency, standards for imposition of administrative fines may be separately determined by Municipal Ordinance of relevant local government within the scope of standards for imposition of administrative fines under subparagraphs 2 (a) and (b), and 3 of attached Table 7.
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Article 2 (Repeal of Other Statutes and Regulations)
The following Presidential Decrees are hereby repealed:
Article 3 (Transitional Measures concerning Duties of Road Sections of National Highways Delegated to Local Governments)
| (1) | To duties concerning the road section of a national highway falling under attached Table 1, for which construction (including a long-term continuous project) is underway after the State enters into a construction contract for the establishment, renovation, repair, or maintenance of a national highway as at the time the Enforcement Decree of the Road Act (Presidential Decree No. 21879) enters into force, the previous provisions (referring to the provisions of the Enforcement Decree of the Road Act before being amended by Presidential Decree No. 21879; hereafter the same shall apply in this Article) shall apply until the State completes relevant construction works notwithstanding the amended provisions of Articles 29 and 100. |
| (2) | To duties concerning an existing national highway where construction works of a national highway, which is a motorway, are underway within a section of national highway falling under attached Table 1 as at the time the Presidential Decree of the Road Act (Presidential Decree No. 21879) enters into force, the previous provisions shall apply until the construction works of relevant motorway are completed notwithstanding the amended provisions of Articles 29 and 100. |
Article 4 (Transitional Measures concerning Permission to Occupy and Use Basements)
To basements, occupancy and use of which are permitted as at the time the Presidential Decree of the Road Act (Presidential Decree No. 24205) enters into force, the previous provisions shall apply (referring to the provisions of the Enforcement Decree of the Road Act before being amended by Presidential Decree No. 24205), notwithstanding the amended provisions of subparagraph 5 of Article 55 and subparagraph 5 of attached Table 3. Article 5 Omitted.
Article 6 (Relationship to Other Statutes and Regulations)
Where any of the following statutes and regulations is cited by other statutes and regulations as at the time this Decree enters into force, this Decree or relevant provisions of this Decree shall be deemed cited in place of the previous provisions, if the provisions corresponding thereto exist in this Decree:
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 25775, Nov. 24, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 25836, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDA <Presidential Decree No. 25985, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 26334, Jun. 22, 2015>
This Decree shall enter into force on July 7, 2015.
ADDENDUM <Presidential Decree No. 26483, Aug. 11, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26603, Oct. 29, 2015>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 80-2 shall enter into force on November 12, 2015.
ADDENDA <Presidential Decree No. 26753, Dec. 22, 2015>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 73 (3) 1 and 3 shall enter into force on February 12, 2016. Article 2 (Transitional Measures concerning Calculation of Occupancy and Use Fees)
Notwithstanding the amended provisions of Article 69 (3) and subparagraph 3 of attached Table 3, the previous provisions thereof shall apply to occupancy and use fees of the road imposed before this Decree enters into force.
ADDENDA <Presidential Decree No. 26922, Jan. 22, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 25, 2016.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 27163, May 10, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27471, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 27472, Aug. 31, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 1, 2016.
Articles 2 through 7 Omitted.
ADDENDUM <Presidential Decree No. 27588, Nov. 15, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 5 Omitted.
Article 6 (Transitional Measures concerning Amendment to the Enforcement Decree of the Road Act) Notwithstanding the amended provision of the proviso to subparagraph 2 of the Remarks of attached Table 3, the previous provision thereof shall apply to occupancy and use fees of a road imposed before this Decree enters into force.
Articles 7 through 12 Omitted.
ADDENDA <Presidential Decree No. 27972, Mar. 29, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 30, 2017.
Articles 2 through 10 Omitted.
ADDENDUM <Presidential Decree No. 27974, Mar. 29, 2017>
ADDENDA <Presidential Decree No. 28211, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amendments to the Presidential Decrees to be amended pursuant to Article 8 of the Addenda, which were promulgated before this Decree enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Presidential Decree. Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 28461, Dec. 5, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Applicability to Calculation of Occupancy and Use Fees)
The amended provisions of Article 71 (4) shall begin to apply to occupancy and use fees imposed and collected after this Decree enters into force. Article 3 (Applicability to Reduction of and Exemption from Occupancy and Use Fees)
The amended provisions of the former part of Article 73 (2) shall begin to apply to occupancy and use fees imposed and collected after this Decree enters into force.
ADDENDA <Presidential Decree No. 28583, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 28586, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 18, 2018. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDUM <Presidential Decree No. 28912, May 28, 2018>
This Decree shall enter into force on May 29, 2018.
ADDENDUM <Presidential Decree No. 29152, Sep. 11, 2018>
This Decree shall enter into force on September 14, 2018.
ADDENDA <Presidential Decree No. 29634, Mar. 19, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2019.
Articles 2 and 3 Omitted.