CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to contribute to the enhancement of public welfare by providing for matters necessary to ensure railroad safety and establishing a railroad safety management system.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
The terms used in this Act are defined as follows: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015; Act No. 15683, Jun. 12, 2018>
| 3. | The term "railroad infrastructure" means railroad infrastructure under subparagraph 2 of Article 3 of the Framework Act; |
| 4. | The term "railroad operation" means railroad operation under subparagraph 3 of Article 3 of the Framework Act; |
| 5. | The term "rolling stock" means rolling stock under subparagraph 4 of Article 3 of the Framework Act; |
| 5-2. | The term “railroad supplies” means parts, equipment, devices, etc. used for railroad infrastructure, rolling stock, etc.; |
| 6. | The term "train" means rolling stock organized and allocated a train number by a railroad carrier for the purposes of operating railroad tracks; |
| 7. | The term "railroad track" means facilities consisting of track for operating rolling stock, and the track bed or an artificial structure that supports such track; |
| 8. | The term "railroad carrier" means a person performing duties regarding railroad operation; |
| 9. | The term "railroad infrastructure manager" means a person performing duties regarding the construction or management of railroad infrastructure; |
| 10. | The term "railroad worker" means any of the following: |
| (a) | A person engaging in driving rolling stock (hereinafter referred to as "driver"); |
| (b) | A person engaging in the centralized control, regulation, and monitoring of the operation of rolling stock (hereinafter referred to as "traffic control"); |
| (c) | A person providing passengers with services aboard a train (hereinafter referred to as “train crew member”); |
| (d) | A person providing passengers with services at a station (hereinafter referred to as "train station worker"); |
| (e) | A person designated by a railroad carrier or railroad infrastructure manager to engage in consultation, command, supervision, and safety management, etc. of work related to constructing or managing railroad infrastructure on or near a railroad track for rolling stock (hereinafter referred to as "person responsible for work"); |
| (f) | A person who coordinates the work schedule related to constructing or managing railroad infrastructure on or near a railroad track for rolling stock, and the operation schedule of trains that operate on the railroad track (hereinafter referred to as "railroad operational safety manager"); |
| (g) | Other persons prescribed by Presidential Decree who engage in safe operation and maintenance of order of rolling stock, and the check-up, maintenance, etc. of rolling stock and/or railroad infrastructure, in relation to railroad operation and railroad infrastructure management; |
| 11. | The term "railroad accident" means an accident that causes casualties or damage to goods in connection to railroad operation or railroad infrastructure management; |
| 12. | The term "operational failure" means an incident disrupting the operation of rolling stock, which does not constitute railroad accidents; |
| 13. | The term "rolling stock maintenance" means checking, inspecting, exchanging, and repairing rolling stock (including parts, equipment, and devices constituting the rolling stock); |
| 14. | The term "rolling stock maintenance technician" means a person recognized by the Minister of Land, Infrastructure and Transport under Article 24-2 as meeting the requirements for qualifications, experience, academic background, etc. related to rolling stock maintenance. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 3 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, matters regarding railroad safety shall be governed by this Act.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 4 (Responsibilities of the State) |
| (1) | The State and local governments shall prepare and faithfully implement railroad safety measures to protect the lives, bodies, and property of the people. |
| (2) | When operating railroad or managing railroad infrastructure, a railroad carrier and railroad infrastructure manager (hereinafter referred to as "railroad carrier, etc.") shall take measures necessary for railroad safety as prescribed by statutes or regulations, and actively cooperate in the railroad safety measures taken by the State or local governments. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER II RAILROAD SAFETY MANAGEMENT SYSTEM
| Article 5 (Comprehensive Railroad Safety Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall establish a comprehensive plan for railroad safety (hereinafter referred to as "comprehensive railroad safety plan") every five years. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A comprehensive railroad safety plan shall include the following matters: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Objectives and directions of promotion of the comprehensive railroad safety plan; |
| 2. | Matters regarding the expansion, improvement, checking, etc. of the facilities related to railroad safety; |
| 3. | Matters regarding the maintenance, checking, etc. of rolling stock; |
| 4. | Matters regarding the improvement of systems, such as the amendment of railroad safety-related statutes or regulations; |
| 5. | Matters regarding the fostering of experts in railroad safety and relevant supply and demand management; |
| 6. | Matters regarding railroad safety-related education and training; |
| 7. | Matters concerning railroad safety-related research and technological development; |
| 8. | Other matters regarding railroad safety deemed necessary by the Minister of Land, Infrastructure and Transport. |
| (3) | When the Minister of Land, Infrastructure and Transport establishes a comprehensive railroad safety plan, he or she shall undergo deliberation by the Railroad Industry Committee referred to in Article 6 (1) of the Framework Act after consultation with the heads of the relevant central administrative agencies and railroad carriers, etc. The foregoing shall also apply where he or she intends to change an established comprehensive railroad safety plan (excluding changes to minor matters prescribed by Presidential Decree). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | If deemed necessary to establish or change a comprehensive railroad safety plan, the Minister of Land, Infrastructure and Transport may request the submission of relevant data to the head of a relevant central administrative agency, or the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as a "Mayor/Do Governor"). The head of each central administrative agency or any Mayor/Do Governor requested to submit data shall comply therewith, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | When a comprehensive railroad safety plan has been established or changed pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall make public notice thereof in the Official Gazette. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| (1) | The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, and a railroad carrier, etc. shall establish and promote an annual action plan in their respective jurisdictions (hereinafter referred to as "action plan") necessary for the phased implementation of a comprehensive railroad safety plan, according to the relevant comprehensive railroad safety plan. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters regarding procedures for the establishment and implementation of an action plan and others shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 6-2 (Publication of Railroad Safety Investment) |
| (1) | Each year, a railroad carrier shall publish the size of a budget for investment in railroad safety (hereafter in this Article referred to as "railroad safety investment"), such as replacement of rolling stock and improvement of railroad infrastructure. |
| (2) | The standards and procedures for publishing railroad safety investment under paragraph (1), items to be published, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 7 (Approval of Safety Management System) |
| (1) | Where a railroad carrier, etc. (excluding an exclusive railroad carrier; hereafter in this Article and Article 8 the same shall apply) intends to operate a railroad or manage railroad infrastructure, it shall obtain approval from the Minister of Land, Infrastructure and Transport after preparing an organic system for the safety management of said railroad or railroad infrastructure, including human resources, facilities, rolling stock, equipment, operational procedures, education and training, emergency response plans, etc. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12992, Jan. 6, 2015> |
| (2) | Any exclusive railroad carrier shall establish its own safety management system, and maintain such system continuously. |
| (3) | If a railroad carrier, etc. intends to modify the safety management system which has been approved in accordance with paragraph (1) (including any modification to the safety management system made in line with the modification of the safety management standards under paragraph (5); hereafter in this Article the same shall apply), it shall obtain approval for said modification from the Minister of Land, Infrastructure and Transport: Provided, That in cases of modifying a minor matter prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, it shall report thereon to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When the Minister of Land, Infrastructure and Transport receives an application for approval of, or approval for modification of, the safety management system pursuant to the main sentence of paragraph (1) or (3), he or she shall decide on whether to approve or not after inspecting whether the relevant safety management system conforms to the safety management standards under paragraph (5). <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | The Minister of Land, Infrastructure and Transport shall determine and publicly notify the technical standards necessary for railroad operation and the safety management of railroad infrastructure, such as the railroad safety management, risk management, accident investigation and report, interior checkup, emergency response plan, emergency response training, educational training, safety information management, operational safety management, and maintenance of rolling stock and facilities (including matters relating to the lifespan of rolling stock). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12992, Jan. 6, 2015> |
| (6) | Matters regarding approval procedures, approval methods, inspection standards, inspection methods, reporting procedures, means of public notice, etc. under paragraphs (1) through (5) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 8 (Maintenance of Safety Management System) |
| (1) | When operating a railroad or managing railroad infrastructure, a railroad carrier, etc. shall maintain continuously the safety management system which has been approved under Article 7. |
| (2) | The Minister of Land, Infrastructure and Transport may inspect regularly or occasionally the safety management system pursuant to paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, to check up or verify whether the system is continuously maintained. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the inspection under paragraph (2) reveals that the safety management system has not been maintained continuously, or where it is urgently necessary for railroad safety, the Minister of Land, Infrastructure and Transport may issue an order for corrective measures, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 9 (Revocation of Approval) |
| (1) | If a railroad carrier, etc. that has obtained approval of the safety management system falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the approval or may issue orders to restrict or suspend its duty for a period of up to six months: Provided, That in cases falling under subparagraph 1, such approval shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where approval has been obtained by fraud or other improper means; |
| 2. | Where the safety management system has been modified without approval therefor or reporting thereon, in violation of Article 7 (3); |
| 3. | Where the failure to maintain the safety management system continuously, in violation of Article 8 (1), has led to a considerable trouble in the railroad operation or railroad infrastructure management; |
| 4. | Where an order for corrective measures under Article 8 (3) has not been complied with without good cause. |
| (2) | Matters necessary for the revocation of approval, the restriction of duties, the standards and procedures for suspension, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 9-2 (Penalty Surcharges) |
| (1) | Where issuing an order to restrict or suspend a railroad carrier’s services pursuant to Article 9 (1) is feared to cause serious inconvenience to railroad users or harm public interests, the Minister of Land, Infrastructure and Transport may impose a penalty surcharge not exceeding three billion won in lieu of such restrictions on or suspension of business. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Types of offences subject to penalty surcharges, imposition standards and collection methods thereof pursuant to paragraph (1), and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person who shall pay a penalty surcharge under paragraph (1) fails to make payment by the deadline therefor, the Minister of Land, Infrastructure and Transport shall collect such in the same manner as national taxes in arrears are collected. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 9-3 (Evaluation of Safety Management Levels of Railroad Carriers) |
| (1) | The Minister of Land, Infrastructure and Transport may evaluate the safety management levels of railroad carriers, etc. to enhance the levels of railroad safety through their voluntary safety management. |
| (2) | The Minister of Land, Infrastructure and Transport may issue an order to take improvement measures, such as conducting an inspection under Article 8 (2) or taking corrective measures under Article 8 (3), against railroad carriers, etc. that report poor results in the safety management level evaluation conducted under paragraph (1). |
| (3) | Persons subject to evaluation of safety management levels under paragraph (1), the criteria, methods and procedures for conducting such evaluation, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 9-4 (Designation of Outstanding Railroad Safety Operators) |
| (1) | The Minister of Land, Infrastructure and Transport may designate an outstanding railroad safety operator, from among railroad carriers, etc., based on the findings from an evaluation of their safety management levels conducted under Article 9-3. |
| (2) | A person designated as an outstanding railroad safety operator pursuant to paragraph (1) may display a mark indicating that he or she has been designated as an outstanding railroad safety operator, on rolling stock, railroad infrastructure, relevant documents, etc. |
| (3) | No person, other than a person designated under paragraph (1), shall display a mark indicating that he or she has been designated as an outstanding railroad safety operator or similar mark, on rolling stock, railroad infrastructure, relevant documents, etc. |
| (4) | Where a person displays a mark indicating that he or she has been designated as an outstanding operator or similar mark in violation of paragraph (3), the Minister of Land, Infrastructure and Transport may order such person to take necessary corrective measures, such as removing the mark. |
| (5) | Persons eligible to be designated as outstanding railroad safety operators under paragraph (1), the standards, methods, and procedures for designation, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 9-5 (Revocation of Designation of Outstanding Operators) |
Where a person designated as an outstanding railroad safety operator pursuant to Article 9-4 falls under any of the following grounds, the Minster of Land, Infrastructure and Transport may revoke his or her designation: Provided, That where a person designated as an outstanding railroad safety operator falls under subparagraph 1 or 2, the Minister shall revoke his or her designation: | 1. | Where the person is designated as an outstanding railroad safety operator by fraud or other improper means; |
| 2. | Where approval of the safety management system has been revoked pursuant to Article 9; |
| 3. | Where any other grounds prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport arise, such as ceasing to meet the standards for designation prescribed in Article 9-4 (5). |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
CHAPTER III SAFETY MANAGEMENT BY RAILROAD WORKERS
| Article 10 (Rolling Stock Driver's Licenses) |
| (1) | A person intending to drive rolling stock shall obtain a rolling stock driver's license from the Minister of Land, Infrastructure and Transport (hereinafter referred to as "driver's license"): Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree, such as cases where he or she drives rolling stock for education and training under Article 16 or for a driver’s license test referred to in Article 17. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A driver's license under paragraph (1) shall be obtained for each kind of rolling stock as prescribed by Presidential Decree. <Amended by Act No. 15404, Feb. 21, 2018> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 11 (Grounds for Disqualification from Obtaining Driver's Licenses) |
None of the following persons shall obtain a driver's license: <Amended by Act No. 12648, May 21, 2014; Act No. 14868, Aug. 9, 2017>
| 1. | A person under the age of 19; |
| 2. | A person who suffers from a mental illness or epilepsy and may risk or hinder the operation of rolling stock, as prescribed by Presidential Decree; |
| 4. | A person who has completely lost the hearing in both ears, a person who has completely lost the sight in both eyes, or a person who has other physical disabilities prescribed by Presidential Decree; |
| 5. | A person for whom two years have not elapsed since his or her driver's license was canceled or whose driver's license is under suspension. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 12 (Physical Examination for Driver's Licenses) |
| (1) | A person intending to obtain a driver's license shall pass a physical examination administered by the Minister of Land, Infrastructure and Transport to judge whether such person has physical conditions suitable for driving rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may allow the medical institutions prescribed in Article 13 to conduct the physical examination referred to in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters regarding the criteria for passing the physical examination under paragraph (1), and the methods, procedures, etc. for the physical examination shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 13 (Medical Institutions for Conducting Physical Examination) |
The following medical institutions may conduct the physical examination pursuant to Article 12 (1): [This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 14 Deleted. <by Act No. 11476, Jun. 1, 2012> |
| Article 15 (Driver Aptitude Tests) |
| (1) | A person intending to obtain a driver's license shall pass an aptitude test administered by the Minister of Land, Infrastructure and Transport to judge whether such person has an aptitude for driving rolling stock (hereinafter referred to as “driver aptitude test”). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (2) | No person who has failed a driver aptitude test or has cheated on the test shall be allowed to take a driver aptitude test during the following applicable period: <Amended by Act No. 13436, Jul. 24, 2015> |
| 1. | A person who has failed a driver aptitude test: Three months from the date the relevant driver aptitude test was conducted; |
| 2. | A person who has cheated on a driver aptitude test: One year from the date the relevant driver aptitude test was conducted. |
| (3) | Matters regarding the criteria for passing a driver aptitude test, and the methods, procedures, etc. for the drive aptitude test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (4) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in driver aptitude tests (hereinafter referred to as "driver aptitude-testing institution") and allow them to conduct driver aptitude tests. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (5) | Matters regarding the criteria, procedures, etc. for designating driver aptitude-testing institutions shall be prescribed by Presidential Decree. <Amended by Act No. 13436, Jul. 24, 2015> |
| (6) | Driver aptitude testing-institutions shall neither refuse the duty to conduct a driver aptitude test without good cause, nor issue any pass/fail report of the driver aptitude test by fraud or other improper means. <Amended by Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 15-2 (Revocation of Designated Driver Aptitude Testing-Institutions and Suspension of Business) |
| (1) | When a driver aptitude testing-institution falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of the driver aptitude testing-institution, or may order the suspension of its duty for a period not exceeding six months: Provided, That where cases fall under subparagraph 1 or 2, he or she shall revoke such designation: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| 1. | Where a driver aptitude testing-institution has been designated by fraud or other improper means; |
| 2. | Where a driver aptitude testing-institution has conducted a driver aptitude test during the suspension of business, in violation of an order for suspension of business; |
| 3. | Where a driver aptitude testing-institution fails to meet the criteria for designation referred to in Article 15 (5); |
| 4. | Where a driver aptitude testing-institution has refused the duty to conduct a driver aptitude test without good cause, in violation of Article 15 (6); |
| 5. | Where a driver aptitude testing-institution has issued a pass/fail report of the driver aptitude test by fraud or other improper means, in violation of Article 15 (6). |
| (2) | Matters regarding the detailed criteria for the revocation of designation and suspension of business under paragraph (1), etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall not designate, as a driver aptitude testing-institution, any testing institution established and operated by a driver aptitude testing-institution, the designation of which has been revoked pursuant to paragraph (1), or by an establisher, operator, or executive officer of such aptitude testing institution within two years from the date such designation was revoked. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 11476, Jun. 1, 2012]
| Article 16 (Education and Training on Driving) |
| (1) | A person intending to obtain a driver's license shall undergo education and training (hereinafter referred to as “driving education and training”) administered by the Minister of Land, Infrastructure and Transport to acquire the knowledge and skills necessary for driving rolling stock in a safe manner. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (2) | Matters regarding the period, method, etc. of the driving education and training shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (3) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in education and training in driving rolling stock (hereinafter referred to as "driving education and training-institution") and allow them to provide driving education and training. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (4) | Matters regarding the criteria, procedures, etc. for designating driving education and training-institutions shall be prescribed by Presidential Decree. <Amended by Act No. 13436, Jul. 24, 2015> |
| (5) | Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation and suspension of business of driving education and training-institutions. In such cases, the "driver aptitude testing-institution" shall be construed as "driving education and training-institution"; "duty to conduct a driver aptitude test" as "duty to provide driving education and training"; "Article 15 (5)" as "Article 16 (4)"; and "pass/fail report of a driver aptitude test" as "completion certificate of driving education and training". <Amended by Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 17 (Driver’s License Tests) |
| (1) | A person intending to obtain a driver's license shall pass a rolling stock driver’s license test administered by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "driver’s license test"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person intending to apply for a driver’s license test shall take driving education and training after passing a physical examination referred to in Article 12 and driver aptitude test. <Amended by Act No. 13436, Jul. 24, 2015> |
| (3) | Matters regarding the subjects of, procedures for, etc. a driver’s license test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 18 (Issuance of Driver's Licenses) |
| (1) | The Minister of Land, Infrastructure and Transport shall issue a rolling stock driver's license (hereinafter referred to as "driver's license") to those who have passed a driver’s license test as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a person who has obtained a driver's license pursuant to paragraph (1) (hereinafter referred to as "driver's license holder") loses his or her driver's license or is unable to use it because it is worn away or there is any change to the information on it, the person may apply for the re-issue of a driver's license or change of the information as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 19 (Renewal of Driver's Licenses) |
| (1) | The term of validity of a driver's license shall be 10 years. <Amended by Act No. 12024, Aug. 6, 2013> |
| (2) | Any driver's license holder who desires to maintain the validity of his or her driver's license after the term of validity referred to in paragraph (1) shall have his or her driver's license renewed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport before the term of validity of his or her driver's license terminates. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where a person applying for the renewal of his or her driver's license pursuant to paragraphs (2) and (5) falls under any of the following cases, the Minister of Land, Infrastructure and Transport shall renew it and issue a renewed driver's license: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12024, Aug. 6, 2013> |
| 1. | Where the person has experience in driving rolling stock prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport over the last 10 years before the date he or she applies for the renewal of his or her driver's license or where the person is deemed to have experience equivalent thereto; |
| 2. | Where the person received education and training prescribed by Ordinance of The Ministry of Land, Infrastructure and Transport. |
| (4) | Where a driver's license holder fails to have his or her driver's license renewed pursuant to paragraph (2), the validity of his or her driver's license shall be suspended from the date following the date the term of validity of the relevant driver's license terminates. |
| (5) | Where a person with a driver's license the validity of which is suspended pursuant to paragraph (4) fails to file an application and to have it renewed within a period of up to six months as prescribed by Presidential Decree, the validity of the relevant driver's license shall become null and void from the date following the date such period terminates. |
| (6) | The Minister of Land, Infrastructure and Transport shall notify each driver's license holder of the matters regarding renewal of a driver's license as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport prior to the termination of the validity of relevant driver's license. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) | Where a person whose driver's license has become null and void pursuant to paragraph (5) intends to obtain a driver's license again, the Minister of Land, Infrastructure and Transport may exempt him or her from part of the relevant procedures as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 19-2 (Prohibition against Lending Driver’s Licenses) |
No person who has obtained a driver’s license shall lend it to any third person.
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 20 (Cancellation and Suspension of Driver's Licenses) |
| (1) | Where a driver's license holder falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may cancel the relevant driver's license or suspend its validity for a period of up to one year: Provided, That where a driver's license holder falls under any of subparagraphs 1 through 4, he or she shall cancel the driver's license: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015; Act No. 15683, Jun. 12, 2018> |
| 1. | Where the driver's license holder obtains the driver's license by fraud or other improper means; |
| 2. | Where the driver's license holder falls under any of subparagraphs 2 through 4 of Article 11; |
| 3. | Where the driver's license holder drives rolling stock during the suspension of validity of the driver's license; |
| 4. | Where the driver's license holder lends his or her driver's license to any third person in violation of Article 19-2; |
| 5. | Where the driver's license holder causes a railroad accident intentionally or by gross negligence while driving rolling stock; |
| 5-2. | Where the driver's license holder violates Article 40-2 (1) or (5); |
| 6. | Where the driver's license holder drives rolling stock while under the influence of alcohol or drugs, in violation of Article 41 (1); |
| 7. | Where the driver's license holder fails to cooperate with verification or an examination administered by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor even though there are reasonable grounds to suspect that he or she was performing duties while under the influence of alcohol or drugs, in violation of Article 41 (2); |
| 8. | Where the driver's license holder contravenes this Act or any order or disposition issued or imposed under this Act for the safety and protection of railroads and maintenance of order. |
| (2) | When imposing a disposition of cancellation of driver's license or suspension of validity pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the relevant driver's license holder and railroad carriers, etc. employing the driver's license holder of the details thereof, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A driver's license holder receiving notice of cancellation of driver's license or suspension of validity referred to in paragraph (2) shall return the driver's license to the Minister of Land, Infrastructure and Transport within 15 days from the date he or she receives such notice. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When a driver's license is returned by a person subject to the suspension of validity of driver's license pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall keep and return it immediately after the period of suspension terminates. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Detailed criteria and procedures for the cancellation of a driver's license or suspension of the validity of a driver’s license referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport based on the type and severity of the relevant violation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | The Minister of Land, Infrastructure and Transport shall keep and manage data on the delivery, renewal, cancellation, etc. of driver's licenses, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 21 (On-The-Job Training on Driving) |
Any person who intends to engage in driving rolling stock shall complete on-the-job training on driving, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Wholly Amended by Act No. 13436, Jul. 24, 2015]
| Article 21-2 (Prohibition on Driving Rolling Stock by Unqualified Persons) |
No railroad carrier, etc. shall allow a person who has failed to obtain a driver’s license (including those whose driver's license was canceled or is under suspension under Article 20) or has completed the on-the-job training referred to in Article 21 to engage in driving rolling stock. [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-3 (Certification of Qualification as Traffic Controllers) |
Any person who intends to engage in traffic control shall acquire certification of qualification as a railroad traffic controller (hereinafter referred to as "certification of qualification as a traffic controller") from the Minister of Land, Infrastructure and Transport.
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-4 (Grounds for Disqualification from Obtaining Certification of Qualification as Traffic Controllers) |
Article 11 shall apply mutatis mutandis to the grounds for disqualification from obtaining certification of qualification as a traffic controller. In such cases, “driver’s license” shall be construed as “certification of qualification as a traffic controller”, and “operation of rolling stock” as “traffic control”. [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-5 (Physical Examination for Certification of Qualification as Traffic Controllers) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall pass a physical examination administered by the Minister of Land, Infrastructure and Transport to judge whether such person has physical conditions suitable to perform traffic control. |
| (2) | Articles 12 and 13 shall apply mutatis mutandis to the methods, procedures, etc. for the physical examination referred to in paragraph (1). In such cases, “driver’s license” shall be construed as “certification of qualification as a traffic controller”, and “operation of rolling stock” as “traffic control”. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-6 (Traffic Controller Aptitude Tests) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall pass an aptitude test administered by the Minister of Land, Infrastructure and Transport to judge whether such person has an aptitude for performing traffic control (hereinafter referred to as “traffic controller aptitude test”). |
| (2) | Article 15 (2) and (3) shall apply mutatis mutandis to the methods, procedures, etc. for the traffic controller aptitude test. In such cases, “driver aptitude test” shall be construed as “traffic controller aptitude test”. |
| (3) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in the traffic controller aptitude test (hereinafter referred to as "traffic controller aptitude testing-institutions"), and may require them to conduct traffic controller aptitude tests. |
| (4) | Matters regarding the criteria, procedures, etc. for designating traffic controller aptitude testing-institutions shall be prescribed by Presidential Decree. |
| (5) | Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation of traffic controller aptitude testing-institutions, suspension of their services, etc. In such cases, “driver aptitude testing-institution” shall be construed as “traffic controller aptitude testing-institution”; “driver aptitude test” as “traffic controller aptitude test”; and “Article 15 (5)” as “Article 21-6 (4)”. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-7 (Traffic Control Education and Training) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall undergo education and training administered by the Minister of Land, Infrastructure and Transport to promote the safe conduct of traffic control (hereinafter referred to as “traffic control education and training”) so that he or she can acquire the knowledge and skills required to conduct traffic control: Provided, That any of the following persons may be partially exempt from such traffic control education and training, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | A person who has completed educational courses on traffic control prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport at any of the schools defined in Article 2 of the Higher Education Act; |
| 2. | A person who has at least five years of experience in any of the following duties: |
| (a) | Operation of rolling stock; |
| (b) | Operation of railroad signals, railroad switches, or control panels. |
| (2) | Matters regarding the period, method, etc. of the traffic control education and training shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in education and training on traffic control (hereinafter referred to as "traffic control education and training-institution"), and may require them to provide education and training on traffic control. |
| (4) | Matters regarding the criteria, procedures, etc. for designating traffic control education and training-institutions shall be prescribed by Presidential Decree. |
| (5) | Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation of traffic control education and training-institutions, suspension of their duty, etc. In such cases, “driver aptitude testing-institution” shall be construed as “traffic control education and training-institution”; “driver aptitude test” as “traffic control education and training”; “Article 15 (5)” as “Article 21-7 (4)”; and “pass/fail report of driver aptitude test” as “certificate of completion of traffic control education and training”. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-8 (Examinations for Certification of Qualification as Traffic Controllers) |
| (1) | A person who intends to obtain certification of qualification as a traffic controller shall pass a written examination and a practical examination (hereinafter collectively referred to as “examination for certification of qualification as a traffic controller”) that the Minister of Land, Infrastructure and Transport administers to test the knowledge and practical skills required to conduct traffic control. |
| (2) | A person who intends to apply for the examination for certification of qualification as a traffic controller shall undergo the traffic control education and training after passing the physical examination referred to in Article 21-5 (1) and the traffic controller aptitude test. |
| (3) | The Minister of Land, Infrastructure and Transport may exempt any of the following persons from parts of the examination for certification of qualification as a traffic controller, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: |
| 1. | A person who has obtained a driver’s license; |
| 2. | A person who has obtained qualifications in the fields related to railroad traffic control prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, among the national technical qualifications defined in subparagraph 1 of Article 2 of the National Technical Qualifications Act. |
| (4) | Matters regarding the subjects of, methods and procedures for, etc. the examination for certification of qualification as a traffic controller shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-9 (Issuance of Certificates of Qualification as Traffic Controllers and Renewal of Certification of Qualification as Traffic Controllers) |
Articles 18 and 19 shall apply mutatis mutandis to the issuance of certificates of qualification as a traffic controller, renewal of certification of qualification as a traffic controller, etc. In such cases, “driver’s license test” shall be construed as “examination for certification of qualification as a traffic controller”; “driver’s license” as “certification of qualification as a traffic controller” or “certificate of qualification as a traffic controller”; and “operation of rolling stock” as “traffic control”. [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-10 (Prohibition on Lending Certificates of Qualification as Traffic Controllers) |
No person who has obtained certification of qualification as a traffic controller shall lend his or her certificate of qualification as a traffic controller to any third person.
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 21-11 (Cancellation or Suspension of Certification of Qualification as Traffic Controllers) |
| (1) | Where a person certified as a traffic controller falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may cancel the relevant certification of qualification as a traffic controller or suspend its validity for up to one year: Provided, That where such person falls under any of subparagraphs 1 through 4, the Minister of Land, Infrastructure and Transport shall cancel the relevant certification of qualification as a traffic controller: |
| 1. | Where such person acquires certification of qualification as a traffic controller by fraud or other improper means; |
| 2. | Where such person falls under any of subparagraphs 2 through 4 of Article 11 applied mutatis mutandis under Article 21-4; |
| 3. | Where such person performs traffic control during the suspension of validity of the certification of his or her qualification as a traffic controller; |
| 4. | Where such person lends his or her certificate of qualification as a traffic controller to any third person in violation of Article 21-10; |
| 5. | Where such person causes a railroad accident intentionally or by gross negligence while performing traffic control; |
| 7. | Where such person performs traffic control under the influence of alcohol or drugs, in violation of Article 41 (1); |
| 8. | Where such person refuses verification or an examination to be conducted by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor even when there is a reasonable ground to suspect that he or she performed traffic control while under the influence of alcohol or drugs in violation of Article 41 (2). |
| (2) | Article 20 (2) through (6) shall apply mutatis mutandis to the criteria, procedures, etc. for canceling certification of qualification as a traffic controller or suspending its validity under paragraph (1). In such cases, “driver’s license” shall be construed as “certification of qualification as a traffic controller” or “certificate of qualification as a traffic controller”, as appropriate. |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 22 (On-The-Job Training on Traffic Control) |
Any person who intends to engage in traffic control shall complete on-the-job training, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Wholly Amended by Act No. 13436, Jul. 24, 2015]
| Article 22-2 (Prohibition on Conduct of Traffic Control by Unqualified Persons) |
No railroad carrier, etc. shall allow a person who has not obtained certification of qualification as a traffic controller (including those whose certification of qualification as a traffic controller is canceled or suspended under Article 21-11) or who has failed to complete the on-the-job training referred to in Article 22, to engage in traffic control. [This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 23 (Management of Drivers) |
| (1) | A railroad worker engaging in driving rolling stock, traffic control, and other duties prescribed by Presidential Decree shall undergo a physical examination and aptitude test on a regular basis. |
| (2) | Matters regarding the timing of and method for a physical examination and aptitude test, and the criteria, etc. for passing a physical examination or aptitude test under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where a railroad worker engaging in the duties prescribed in paragraph (1) fails a physical examination and aptitude test referred to in the same paragraph, no railroad carrier, etc. shall have such railroad worker continue to engage in the relevant duties. |
| (4) | A railroad carrier, etc. may entrust a physical examination and aptitude test under paragraph (1) to medical institutions conducting the physical examination referred to in Article 13 and aptitude testing institutions, respectively. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 24 (Safety Training for Railroad Workers) |
| (1) | A railroad carrier, etc. shall provide regular training on railroad safety for its railroad workers. |
| (2) | Persons subject to training provided by a railroad carrier, etc. pursuant to paragraph (1), the courses, details, method, and timing for such training, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 14953, Oct. 24, 2017]
| Article 24-2 (Recognition of Rolling Stock Maintenance Technicians) |
| (1) | A person who intends to be designated as a rolling stock maintenance technician shall file an application for recognition of qualifications with the Minister of Land, Infrastructure and Transport. |
| (2) | Where an applicant referred to in paragraph (1) meets the criteria for recognition as rolling stock maintenance technicians prescribed by Presidential Decree, such as qualifications, experience, and academic background, the Minister of Land, Infrastructure and Transport shall recognize the applicant as a rolling stock maintenance technician. |
| (3) | Upon recognizing an applicant referred to in paragraph (1) as a rolling stock maintenance technician, the Minister of Land, Infrastructure and Transport shall issue a certificate stating the grade, experience, etc. of the rolling stock maintenance technician (hereinafter referred to as "certificate of experience in maintaining rolling stock") to the rolling stock maintenance technician. |
| (4) | Application for recognition, issuance, and management of certificates of experience in maintaining rolling stock under paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 24-3 (Prohibition on Lending Rolling Stock Maintenance Technician's Name) |
| (1) | No rolling stock maintenance technician shall permit any third person to use his or her name to perform rolling stock maintenance, or lend his or her certificate of experience in maintaining rolling stock to any third person. |
| (2) | No person shall use any third person's name to perform rolling stock maintenance, or borrow any third person's certificate of experience in maintaining rolling stock. |
| (3) | No person shall engage in brokering any conduct prohibited pursuant to paragraph (1) or (2). |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 24-4 (Education and Training on Rolling Stock Maintenance Techniques) |
| (1) | To acquire expertise and knowledge required to perform their duties, rolling stock maintenance technicians shall undergo education and training (hereinafter referred to as "maintenance education and training") provided by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. |
| (2) | To nurture rolling stock maintenance technicians, the Minister of Land, Infrastructure and Transport may designate a specialized education and training-institution for rolling stock maintenance techniques (hereinafter referred to as "maintenance education and training-institution") to assign it to provide maintenance education and training. |
| (3) | The standards and procedures for designating maintenance education and training-institutions and other necessary matters shall be prescribed by Presidential Decree. |
| (4) | No maintenance education and training-institution shall refuse to perform the duty of maintenance education and training without good cause, and issue any certificate of completion of maintenance education and training by fraud or other improper means. |
| (5) | Article 15-2 shall apply mutatis mutandis to revocation of designation, suspension of business, etc. of maintenance education and training-institutions. In such cases, "driver aptitude testing-institution" shall be construed as "maintenance education and training-institution"; "duty of driver aptitude testing" as "duty of maintenance education and training"; "Article 15 (5)" as "Article 24-4 (3)"; "Article 15 (6)" as "Article 24-4 (4)"; and "pass/fail report of the driver aptitude test" as "certificate of completion of maintenance education and training". |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 24-5 (Revocation of Recognition of Rolling Stock Maintenance Technicians) |
| (1) | Where a rolling stock maintenance technician falls under any of the following grounds, the Minister of Land, Infrastructure and Transport shall revoke the recognition of the rolling stock maintenance technician: |
| 1. | Where recognition of the rolling stock maintenance technician is obtained by fraud or other improper means; |
| 2. | Where the rolling stock maintenance technician ceases to meet the criteria for qualifications prescribed in Article 24-2 (2); |
| 3. | Where the rolling stock maintenance technician causes a railroad accident intentionally while maintaining rolling stock. |
| (2) | Where a rolling stock maintenance technician falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may suspend recognition of the rolling stock maintenance technician for up to one year: |
| 1. | Where the rolling stock maintenance technician lends his or her certificate of experience in maintaining rolling stock to any third person; |
| 2. | Where the rolling stock maintenance technician causes a railroad accident by gross negligence while maintaining rolling stock. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
CHAPTER IV MANAGING SAFETY OF RAILROAD INFRASTRUCTURE AND ROLLING STOCK
| Article 25 Deleted. <by Act No. 15460, Mar. 13, 2018> |
| Article 25-2 (Installation of Platform Screen Doors) |
A railroad infrastructure manager shall install platform screen doors that open and close in conjunction with the train doors, at a platform where the perpendicular distance from the railroad track exceeds the criterion prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That this shall not apply to a platform at which various types of rolling stock are used nor to any other platforms prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.
[This Article Newly Inserted by Act No. 15740, Aug. 14, 2018]
| Article 26 (Type Approval for Rolling Stock) |
| (1) | A person who intends to manufacture or import rolling stock to be operated domestically shall obtain type approval for a design for the relevant rolling stock from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where a person who has obtained type approval pursuant to paragraph (1) intends to modify the approved matters, he or she shall obtain approval for such modification from the Minister of Land, Infrastructure and Transport: Provided, That where he or she intends to modify minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall report thereon to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport grants type approval under paragraph (1) or approval for modification under the main sentence of paragraph (2), he or she shall conduct an inspection for type approval, to verify whether the relevant rolling stock meets the technical standards for rolling stock prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Notwithstanding paragraph (3), in any of the following cases, the whole or part of inspection for type approval may be exempt by the Minister of Land, Infrastructure and Transport: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where rolling stock which has been manufactured or imported for the purposes of examination, research, or development conforms to the rolling stock prescribed by Presidential Decree; |
| 2. | Where rolling stock which has been manufactured or imported for the purposes of export conforms to the rolling stock prescribed by Presidential Decree; |
| 3. | Where rolling stock is exempt from an inspection for type approval in accordance with an agreement concluded or a treaty joined by the Republic of Korea; |
| 4. | Where rolling stock which has been manufactured or imported for special purposes, such as the maintenance or repair of railroad infrastructure, the restoration of an accident of a rolling stock, etc., is prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (5) | No person shall operate rolling track without obtaining type approval under paragraph (1). |
| (6) | Matters regarding the procedures for approval, methods of approval, procedures for reporting, procedures for inspection, methods of inspection, procedures for exemption, etc. under paragraphs (1) through (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 26-2 (Revocation of Type Approval) |
| (1) | Where a person who has obtained type approval under Article 26 falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the type approval granted to such person: Provided, That in cases falling under subparagraph 1, the type approval shall be revoked: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where type approval has been obtained by fraud or other improper means; |
| 2. | Where there is a serious contravention of the technical standards under Article 26 (3); |
| 3. | Where an order for approval for modification under paragraph (2) has not been complied with. |
| (2) | Where type approval under Article 26 (1) is deemed in contravention of the technical standards under Article 26 (3) (excluding cases falling under paragraph (1) 2 of this Article), the Minister of Land, Infrastructure and Transport shall order a person who has obtained type approval, to obtain approval for modification, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Where type approval has been revoked by any reason falling under paragraph (1) 1, no type approval shall be granted for the rolling stock of the same model for two years from such revocation. |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-3 (Approval of Manufacturers of Rolling Stock) |
| (1) | A person who intends to manufacture rolling stock regarding which type approval has been obtained under Article 26 (including manufacturing for the purposes of export to the Republic of Korea from abroad) shall obtain approval as a manufacturer from the Minister of Land, Infrastructure and Transport as to whether an organic system has been prepared for the appropriate manufacture of rolling stock such as human resources, facilities, equipment, technology, manufacture test, etc. for manufacturing rolling stock (hereinafter referred to as “system for quality control of rolling stock”), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where approval as a manufacturer is granted pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct an inspection for approval as a manufacturer to verify whether the system for quality control of the relevant rolling stock meets the technical standards necessary for managing manufacturing or maintaining quality of rolling stock as determined and publicly notified by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Notwithstanding paragraphs (1) and (2), in cases determined by Presidential Decree, such as where approval as a manufacturer is exempt in accordance with an agreement concluded or a treaty signed by the Republic of Korea, the Minister of Land, Infrastructure and Transport may exempt a specified case from being subject to approval as a manufacturer, or may exempt the whole or part of the inspection for approval as a manufacturer. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-4 (Grounds for Disqualification) |
None of the following persons may obtain approval as a manufacturer for rolling stock:
| 1. | A person under adult guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom two years have not elapsed since his or her imprisonment with labor declared by a court for violation of the railroad-related statutes or regulations prescribed by this Act or Presidential Decree, was complete (including where it is deemed to have been complete) or exempted; |
| 4. | A person who is under suspension of the execution of his or her imprisonment with labor, declared by a court for violation of the railroad-related statutes or regulations prescribed by this Act or Presidential Decree; |
| 5. | A person for whom two years have not elapsed since approval as a manufacturer was revoked; |
| 6. | A corporation which employs a person falling under any of subparagraphs 1 through 5 as one of its executive officers. |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-5 (Succession) |
| (1) | Where a person who has obtained approval as a manufacturer of rolling stock under Article 26-3 transfers his or her business to a third person, dies, or merges into a corporation, the transferee, heir, corporation surviving the merger, or corporation established by the merger shall succeed to the status of the person with approval as a manufacturer. |
| (2) | A person who succeeds to the status of approval as a manufacturer pursuant to paragraph (1) shall report on such succession to the Minister of Land, Infrastructure and Transport within one month from the date of succession, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | As for a person who succeeds to the status of approval as a manufacturer pursuant to paragraph (1), Article 26-4 shall apply mutatis mutandis: Provided, That in where an heir who falls under any subparagraph of Article 26-4 transfers his or her business to any third person within three months from the date when a decedent has died, approval as a manufacturer for the decedent shall be deemed approval as a manufacturer for the heir for a period from the date of the decedent’s death to the date of transfer. |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-6 (Completion Inspection of Rolling Stock) |
| (1) | A person who has obtained approval as a manufacturer pursuant to Article 26-3 shall undergo a completion inspection executed by the Minister of Land, Infrastructure and Transport to verify whether the relevant rolling stock has been manufactured in accordance with the type approval obtained under Article 26. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Where rolling stock has passed the completion inspection pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall issue a certificate of completion inspection for rolling stock prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to a manufacturer of rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | Matters regarding the procedures, methods, etc. for the completion inspection of rolling stock prescribed in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-7 (Revocation of Approval as Manufacturers of Rolling Stock) |
| (1) | Where a person who has obtained approval as a manufacturer pursuant to Article 26-3 falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may revoke such approval or issue an order of restrictions on or suspension of business for up to six months: Provided, That approval as a manufacturer shall be revoked in any case falling under subparagraph 1 or 5: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where approval as a manufacturer has been obtained by fraud or other improper means; |
| 2. | Where the rolling stock has been manufactured without obtaining approval for modification or without reporting on modification, in violation of Article 7 (3) which is applied mutatis mutandis in Article 26-8; |
| 3. | Where he or she fails to execute an order to take corrective measures without good cause under Article 8 (3) which is applied mutatis mutandis in Article 26-8; |
| 4. | Where he or she fails to execute an order under Article 32 (1); |
| 5. | Where he or she has manufactured rolling stock during the period of business suspension. |
| (2) | Matters regarding the revocation of approval as a manufacturer of rolling stock, the standards and procedures for restrictions on or suspension of business, etc. under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 26-8 (Provisions Applicable Mutatis Mutandis) |
With respect to the modification of approval as a manufacturer of rolling stock, the maintenance, inspection, and corrective action of quality control systems of rolling stock, the imposition and collection of penalty surcharges, etc., Articles 7 (3), 8, 9, and 9-2 shall apply mutatis mutandis. In such cases, “safety management system” shall be construed as “quality control system of rolling stock”. [This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 27 (Type Approval for Railroad Supplies) |
| (1) | A person who intends to manufacture or import railroad supplies determined and publicly notified by the Minister of Land, Infrastructure and Transport shall obtain type approval from the Minister of Land, Infrastructure and Transport regarding the design of railroad supplies, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases of granting type approval pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct an inspection for type approval to verify whether the relevant railroad supplies satisfy the technical standards for railroad supplies which have been determined and publicly notified by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | No one shall use railroad supplies without type approval under paragraph (1) (limited to railroad supplies determined and publicly notified by the Minister of Land, Infrastructure and Transport) for the railroad infrastructure, rolling stock, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | With respect to the modification of type approval for railroad supplies, exemption from an inspection for type approval, revocation of type approval, order for approval for modification, period for prohibition on type approval, etc., Article 26 (2), (4), and (6), and Article 26-2 shall apply mutatis mutandis. In such cases, “rolling stock” shall be construed as “railroad supplies”. |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 27-2 (Approval as Manufacturers of Railroad Supplies) |
| (1) | A person who intends to manufacture railroad supplies regarding which type approval has been granted under Article 27 shall receive approval as a manufacturer from the Minister of Land, Infrastructure and Transport as to whether he or she has an organic system in place for the appropriate manufacture of railroad supplies such as human resources, facilities, equipment, technology, and manufacture test, for manufacturing the railroad supplies (hereinafter referred to as “quality control system for railroad supplies”), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In cases of granting approval as a manufacturer pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall conduct an inspection for approval as a manufacturer of railroad supplies to verify whether the quality control system of the relevant railroad supplies satisfies the technical standards necessary for the manufacturing management and quality control determined and publicly notified by the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A person who has obtained approval as a manufacturer pursuant to paragraph (1) shall indicate on the relevant railroad supplies that type approval has been obtained for the railroad supplies as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | With respect to the modification of approval as a manufacturer of rolling stock pursuant to paragraph (1), the maintenance and inspection of, and corrective measures for, quality control system of railroad supplies, the imposition and collection of penalty surcharges, the exemption from approval as a manufacturer, etc., the grounds for disqualification and succession to the status of approval as a manufacturer, the revocation of approval as a manufacturer, the restrictions on and suspension of business, etc., Articles 7 (3), 8, 9, 9-2, 26-3 (3), 26-4, 26-5, and 26-7 shall apply mutatis mutandis. In such cases, “safety management system” shall be construed as “quality control system of railroad supplies”, and “rolling stock” as “railroad supplies”. |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Articles 28 through 30 Deleted. <by Act No. 11591, Dec. 18, 2012> |
| Article 31 (Post-Management of Type Approval) |
| (1) | Where it is deemed necessary for verifying and checking the safety and quality of rolling stock or railroad supplies regarding which type approval has been granted pursuant to Article 26 or 27, the Minister of Land, Infrastructure and Transport may require the relevant public officials under his or her jurisdiction to take measures in accordance with the following: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Investigation into whether the rolling stock or railroad supplies satisfy the technical standards pursuant to Article 26 (3) or 27 (2); |
| 2. | Inspection or submission of the relevant ledger or documents by a person who has obtained type approval or approval as a manufacturer of the rolling stock or railroad supplies; |
| 3. | Collection or inspection of the rolling stock or railroad supplies; |
| 4. | Requests for a test or analysis at a specialized research institute regarding safety or quality of the rolling stock or railroad supplies; |
| 5. | Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport for an urgent investigation regarding safety or quality of rolling stock or railroad supplies. |
| (2) | No person who has obtained type approval or approval as a manufacturer of the rolling stock or railroad supplies; nor any owner, occupant, supervisor, etc. of the rolling stock or railroad supplies shall refuse, hinder, or evade the investigation, inspection, collection, etc. under paragraph (1) without good cause. |
| (3) | A public official who conducts an investigation, inspection, examination, etc. pursuant to paragraph (1) shall carry a certificate indicating his or her authority and show such to a related person. In such cases, matters regarding the certificate shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a person who has undergone a completion inspection of rolling stock pursuant to Article 26-6 (1) sells the rolling stock, he or she shall take the following measures: <Newly Inserted by Act No. 15683, Jun. 12, 2018> |
| 1. | Supplying parts required for rolling stock maintenance; |
| 2. | Providing the purchaser of the rolling stock with technical guidance and education necessary for rolling stock maintenance, as well as with maintenance-related materials, such as maintenance manuals. |
| (5) | The types of the parts required for maintenance under the subparagraphs of paragraph (4) and period for supplying them; subjects of and methods for technical guidance and education; types of materials related to rolling stock maintenance and methods of providing such materials; and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 15683, Jun. 12, 2018> |
| (6) | Where a person who has sold rolling stock after undergoing a completion inspection of the rolling stock pursuant to Article 26-6 (1) fails to take the measures specified in paragraph (4), the Minister of Land, Infrastructure and Transport may order such person to take such measures. <Newly Inserted by Act No. 15683, Jun. 12, 2018> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 32 (Suspension of Manufacture or Sale) |
| (1) | Where the rolling stock or railroad supplies regarding which type approval has been granted pursuant to Article 26 or 27 fall under any of the following grounds, the Minister of Land, Infrastructure and Transport may order the suspension of manufacture, import, sale, or use of the rolling stock or railroad supplies: Provided, That in cases falling under subparagraph 1, the manufacture, import, sale, or use shall be suspended: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Where type approval has been revoked in accordance with Article 26-2 (1) (including any case applied mutatis mutandis in Article 27 (4)); |
| 2. | Where an order to comply with approval for modification has been issued in accordance with Article 26-2 (2) (including any case applied mutatis mutandis in Article 27 (4)); |
| 3. | Where rolling stock that has not undergone a completion inspection pursuant to Article 26-6 has been sold (limited to an order of suspension of sale or use); |
| 4. | Where rolling stock or railroad supplies have been manufactured, imported, or sold differently from the details of type approval. |
| (2) | A manufacturer of rolling stock or railroad supplies who has received an order of suspension pursuant to paragraph (1) shall draft a plan for corrective measures concerning the withdrawal or refund of the relevant rolling stock or railroad supplies, and submit it to the Minister of Land, Infrastructure and Transport; and shall take corrective measures in accordance with such a plan: Provided, That this shall not apply where the details, degree, or effects of the offence amount to insignificant matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, falling under paragraph (1) 2 or 3. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | A manufacturer who intends to be exempt from the corrective measures pursuant to the proviso to paragraph (2) shall apply for such exemption to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a manufacturer of rolling stock or railroad supplies pursuant to the main sentence of paragraph (2) takes corrective measures, he or she shall report the progress of the relevant corrective measures to the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 33 Deleted. <by Act No. 11591, Dec. 18, 2012> |
| Article 34 (Standardization) |
| (1) | The Minister of Land, Infrastructure and Transport may establish standard specifications of rolling stock and railroad supplies in order to secure the safety and interoperability of railroads and recommend them to railroad carriers, etc., those intending to manufacture, assemble, or import rolling stock, and others (hereinafter referred to as "rolling stock manufacturer, etc."): Provided, That Korean industrial standards shall be complied with for the matters for which such standards are established in accordance with the Industrial Standardization Act. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Matters regarding the establishment, revision, etc. of the standard specifications under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Articles 35 through 37 Deleted. <by Act No. 11591, Dec. 18, 2012> |
| Article 38 (Testing and Commissioning) |
| (1) | A railroad carrier, etc. that intends to construct a new railroad or operate an existing railroad after improving the same shall conduct a testing and commissioning prior to commercial operation; and shall report the findings therefrom to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Upon receiving a report pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport may issue an order for improvement or correction, if deemed necessary after checking compliance with the technical standards and safety regulations pursuant to Article 19 (1) of the Act on Railroad Construction and Railroad Infrastructure Management, safety of the interface of the sub system facilities and overall operating systems, and adequacy of preparation for commercial operation. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15460, Mar. 13, 2018> |
| (3) | Matters regarding the timing, methods, and standards for implementing a testing and commissioning, and improvement and corrective orders, etc. under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 38-2 (Remodeling of Rolling Stock) |
| (1) | No person who owns or operates rolling stock (hereinafter referred to as "owner, etc.") shall operate it after arbitrarily improving, altering, etc. any of its structure, parts, devices, performance, etc. differently from its original manufactured state (hereinafter referred to as "remodeling"). |
| (2) | Where an owner, etc. intends to operate any remodeled rolling stock, he or she shall obtain approval (hereinafter referred to as "approval for remodeling") from the Minister of Land, Infrastructure and Transport as to whether the rolling stock meets the technical standards for rolling stock referred to in Article 26 (3), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where an owner, etc. remodels any minor matter prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall report thereon to the Minister of Land, Infrastructure and Transport (hereinafter referred to as "reporting on remodeling"). |
| (3) | Where an owner, etc. intends to remodel rolling stock and obtain approval for remodeling, he or she shall assign a person recognized as having adequate remodeling capability to perform the remodeling work, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | Where the Minister of Land, Infrastructure and Transport intends to grant approval for remodeling, he or she shall conduct an inspection of approval for remodeling as to whether the relevant rolling stock meets the technical standards for rolling stock publicly notified under Article 26 (3). |
| (5) | Procedures for obtaining approval for remodeling, procedures for reporting on remodeling, methods for obtaining such approval, standards and methods for conducting inspections under paragraphs (2) and (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 14953, Oct. 24, 2017]
| Article 38-3 (Restrictions on Operation of Rolling Stock) |
| (1) | The Minister of Land, Infrastructure and Transport may issue an order to restrict the operation of rolling stock to its owner, etc. if any of the following grounds is deemed to exist: |
| 1. | Where the owner, etc. arbitrarily remodels and operates rolling stock without obtaining approval for remodeling; |
| 2. | Where the relevant rolling stock fails to meet any of the technical standards for rolling stock referred to in Article 26 (3). |
| (2) | When issuing an order to restrict operation pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall pre-notify the relevant owner, etc. of the purpose, period, area, and details of the restrictions, type of the relevant rolling stock, and other necessary matters. |
[This Article Newly Inserted by Act No. 14953, Oct. 24, 2017]
| Article 38-4 (Provisions Applicable Mutatis Mutandis) |
Article 9-2 shall apply mutatis mutandis to the imposition and collection of penalty surcharges regarding restrictions on the operation of rolling stock. In such cases, "railroad carrier, etc." shall be construed as "owner, etc.", and "restrictions on or suspension of business" as "restrictions on the operation of rolling stock". [This Article Newly Inserted by Act No. 14953, Oct. 24, 2017]
| Article 38-5 (Management of Records of Rolling Stock) |
| (1) | An owner, etc. shall keep and manage the records of rolling stock he or she owns or operates, such as its manufacturing, operation, maintenance, disuse, etc. |
| (2) | Rolling stock subject to management of records under paragraph (1), items subject to management of such records, the system, method, and procedures for managing computer networks, etc., and other necessary matters shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. |
| (3) | No person shall engage in any of the following activities regarding records of rolling stock to be managed pursuant to paragraph (1): |
| 1. | Failing to enter any records intentionally or by negligence; |
| 2. | Forging, falsifying, or intentionally damaging any records; |
| 3. | Providing any records to any third person without authorization. |
| (4) | Each owner, etc. shall regularly report to the Minister of Land, Infrastructure and Transport on the records referred to in paragraph (1). |
| (5) | The Minister of Land, Infrastructure and Transport shall systematically manage the records of rolling stock reported pursuant to paragraph (4), such as its manufacturing, operation, maintenance, disuse, etc. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-6 (Maintenance of Rolling Stock) |
| (1) | A railroad carrier, etc. shall operate rolling stock in a well-maintained state to ensure that parts, devices, performance, etc. of the rolling stock it intends to operate are kept safely operable. |
| (2) | The Minister of Land, Infrastructure and Transport shall prescribe and publicly notify the technical standards for the items, period, method, procedures, etc. (hereinafter referred to as "technical standards for maintaining rolling stock") that each railroad carrier, etc. must comply with when maintaining rolling stock to operate it under paragraph (1). |
| (3) | Where rolling stock falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may issue an order to maintain or reinstate such rolling stock to the relevant railroad carrier, etc., as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That if rolling stock falls under subparagraph 2 or 3, the Minister of Land, Infrastructure and Transport shall issue an order to maintain or reinstate such rolling stock to the relevant railroad carrier, etc.: |
| 1. | Where rolling stock fails to comply with any of the technical standards for rolling stock or is deemed to disrupt safe operation; |
| 2. | Where an owner, etc. remodels rolling stock without approval for remodeling; |
| 3. | Where any railroad accident, operational failure, etc. prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport occurs. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-7 (Certification of Rolling Stock Maintenance Organizations) |
| (1) | A person who intends to maintain rolling stock shall obtain certification from the Minister of Land, Infrastructure and Transport upon meeting the standards for human resources, facilities, the inspection system, etc. required to maintain rolling stock (hereinafter referred to as "standards for certifying maintenance organizations"): Provided, That this shall not apply to any minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a person certified as a maintenance organization pursuant to paragraph (1) (hereinafter referred to as "certified maintenance organization") intends to change any certified matters, he or she shall obtain certification for change from the Minister of Land, Infrastructure and Transport: Provided, That where the person changes any minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, he or she shall report thereon. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to certify any maintenance organization, he or she shall issue detailed operational standards specifying the type, scope, method, quality control procedures, etc. of rolling stock maintenance (hereinafter referred to as "standards for operating maintenance organizations") to the maintenance organization. |
| (4) | Standards for certifying maintenance organizations, procedures for obtaining certification, procedures for obtaining certification of change, standards for operating maintenance organizations under paragraphs (1) through (3), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-8 (Grounds for Disqualification) |
None of the following persons shall be certified as a maintenance organization. The same shall also apply to a corporation if the corporation has any of the following persons as an executive officer:
| 1. | A person under adult guardianship or under limited guardianship; |
| 2. | A person declared bankrupt and not yet reinstated; |
| 3. | A person for whom two years have not elapsed since certification as a maintenance organization was revoked pursuant to Article 38-10 (excluding where the certification was revoked pursuant to Article 38-10 (1) 4 for falling under subparagraph 1 or 2); |
| 4. | A person for whom two years have not elapsed since his or her imprisonment with labor or heavier punishment declared by a court for violation of this Act, was complete or exempted; |
| 5. | A person who is under suspension of the execution of his or her imprisonment with labor or heavier punishment declared by a court for violation of this Act. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-9 (Matters to Be Observed by Certified Maintenance Organizations) |
Certified maintenance organizations shall observe the following:
| 1. | They must comply with the technical standards for rolling stock maintenance; |
| 2. | They must continue to meet the standards for certifying maintenance organizations; |
| 3. | They must continue to comply with the standards for operating maintenance organizations; |
| 4. | When performing rolling stock maintenance using used parts, they must verify whether the parts are appropriate and sound; |
| 5. | They must manage rolling stock so that no rolling stock is operated without maintenance thereof having been completed. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-10 (Revocation of Certification of Certified Maintenance Organizations) |
| (1) | Where a certified maintenance organization falls under any of the following grounds, the Minister of Land, Infrastructure and Transport shall revoke certification thereof or issue an order to restrict or suspend its business for a period of up to six months: Provided, That where a certified maintenance organization falls under subparagraph 1, 2 (limited to intentional conduct), or 4, the Minister shall revoke certification thereof: |
| 1. | Where the certified maintenance organization obtains certification by fraud or other improper means; |
| 2. | Where the certified maintenance organization causes any railroad accident or serious operational failure prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, intentionally or by gross negligence; |
| 3. | Where the certified maintenance organization changes any certified matters without obtaining certification for change or reporting on such change, in violation of Article 38-7 (2); |
| 4. | Where the certified maintenance organization meets any of the grounds for disqualification referred to in subparagraph 1 or 2 of Article 38-8; |
| 5. | Where the certified maintenance organization violates any matters to be observed under Article 38-9. |
| (2) | The criteria and procedures for revoking certification of maintenance organizations as well as for restricting or suspending business under paragraph (1), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-11 (Provisions Applicable Mutatis Mutandis) |
Article 9-2 shall apply mutatis mutandis to the imposition and collection of penalty surcharges regarding certified maintenance organizations. In such cases, "Article 9 (1)" shall be construed as "Article 38-10 (1)", and "railroad carrier, etc." as "certified maintenance organization". [This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-12 (Precise Safety Diagnosis for Rolling Stock) |
| (1) | Where an owner, etc. intends to operate any rolling stock which is dilapidated after a specified period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or after a specified mileage, from the time the rolling stock is manufactured (counting from the date a certificate of completion inspection is issued therefor under Article 26-6 (2)), such rolling stock shall undergo diagnosis as to whether it is physically operable, its safety performance, etc. (hereinafter referred to as "precise safety diagnosis") regularly. |
| (2) | Where any rolling stock causes a railroad accident, serious operational failure, etc., the Minister of Land, Infrastructure and Transport may order its owner, etc. to allow the rolling stock to undergo a precise safety diagnosis. The owner, etc. shall comply with such order, except in extenuating circumstances. |
| (3) | Where precise safety diagnosis for rolling stock under paragraph (1) or (2) is concentrated in a particular time period or where an owner, etc. is deemed unable to undergo a precise safety diagnosis due to other extenuating circumstances, the Minister of Land, Infrastructure and Transport may extend or defer the period for precise safety diagnosis. |
| (4) | Where any rolling stock subject to precise safety diagnosis does not undergo a precise safety diagnosis under paragraph (1) or (2) or is found unsuitable for continued use during the precise safety diagnosis, its owner, etc. shall not operate such rolling stock. |
| (5) | An owner, etc. shall undergo a precise safety diagnosis conducted by a specialized institution designated by the Minister of Land, Infrastructure and Transport pursuant to Article 38-13 (1) (hereinafter referred to as "precise safety diagnosis institution"). |
| (6) | The standards, methods, and procedures for conducting a precise safety diagnosis, etc. under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-13 (Designation of Precise Safety Diagnosis Institutions) |
| (1) | To facilitate a precise safety diagnosis, the Minister of Land, Infrastructure and Transport shall designate a precise safety diagnosis institution. |
| (2) | The standards and procedures for designating precise safety diagnosis institutions and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where a precise safety diagnosis institution falls under any of the following grounds, the Minister of Land, Infrastructure and Transport shall revoke its designation or issue an order for it to fully or partially suspend its business for a specified period of up to six months: Provided, That if a precise safety diagnosis institution falls under subparagraph 1, 2, or 3, the Minister shall revoke its designation: |
| 1. | Where the precise safety diagnosis institution is designated by fraud or other improper means; |
| 2. | Where the precise safety diagnosis institution conducts a precise safety diagnosis during a period of business suspension, in violation of an order for it to suspend its business issued under this Article; |
| 3. | Where the precise safety diagnosis institution accepts money or goods in relation to precise safety diagnosis or engages in any other fraudulent conduct; |
| 4. | Where the precise safety diagnosis institution fabricates the findings from a precise safety diagnosis; |
| 5. | Where the precise safety diagnosis institution falsely records the findings from a precise safety diagnosis, or fails to record such findings intentionally; |
| 6. | Where the precise safety diagnosis institution conducts a precise safety diagnosis, using any machine or instrument that has not undergone performance inspection, etc. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 38-14 (Provisions Applicable Mutatis Mutandis) |
Article 9-2 shall apply mutatis mutandis to the imposition and collection of penalty surcharges regarding precise safety diagnosis institutions. In such cases, "Article 9 (1)" shall be construed as "Article 38-13 (3)", and "railroad carrier, etc." as "precise safety diagnosis institution". [This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
CHAPTER V SAFE OPERATION OF ROLLING STOCK AND PROTECTION OF RAILROADS
| Article 39 (Operation of Rolling Stock) |
Matters regarding the safe operation of rolling stock, such as the organization of trains, driving of rolling stock, and methods of signaling, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 39-2 (Railroad Traffic Control) |
| (1) | Any person who operates rolling stock shall comply with the orders for movement, departure, stoppage, etc. and the operation standards, methods, procedures, sequence, etc., which are directed by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may provide the railroad workers or carriers with advice and information on the operation of rolling stock, such as the management condition of railroad infrastructure, for the safe and efficient operation thereof. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may take safety measures, such as restrictions on persons, motor vehicles, or operation of railroad stock within railroad infrastructure as necessary for the safe operation of rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters regarding the objects, details, procedures, etc. of duties performed by the Minister of Land, Infrastructure and Transport pursuant to paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11591, Dec. 18, 2012]
| Article 39-3 (Installation of Image Recording Devices) |
| (1) | A railroad carrier shall install an image recording device on locomotives prescribed by Presidential Decree, among the types of rolling stock specified in subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development, for the purposes of recording rolling stock operation conditions, understanding traffic accident situations, and so forth. In such cases, the standards, methods, etc. for installing image recording devices shall be prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Where a railroad carrier installs an image recording device referred to in paragraph (1), it shall take necessary measures, including the installation of a signboard, as prescribed by Presidential Decree, so that drivers, etc. can readily recognize such device. |
| (3) | No railroad carrier shall arbitrarily operate an image recording device for purposes other than the intended purposes of its installation, shoot other locations, or use the image recording function (including the voice recording function; hereinafter the same shall apply) during other than the period of train operation. |
| (4) | No railroad carrier shall use recorded images or provide the same to any third person, except in any of the following cases: |
| 1. | Where it is necessary to understand traffic accident situations; |
| 2. | Where it is necessary to investigate a crime or to institute and maintain a public prosecution; |
| 3. | Where it is necessary for court proceedings. |
| (5) | Each railroad carrier shall establish guidelines on the operation and management of image recording devices, as prescribed by Presidential Decree, in order to prevent images recorded in image recording devices from loss, theft, divulgence, alteration, or damage. |
| (7) | The provision of recorded images pursuant to paragraph (4), and other matters necessary for preservation, etc. of recorded images shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 13807, Jan. 19, 2016]
| Article 40 (Temporary Suspension of Train Operation) |
In any of the following cases, a railroad carrier may suspend the operation of trains temporarily, where it deems that there is an obstacle to the safe operation of trains:
| 1. | Where a disaster has occurred or is likely to occur due to natural disasters or bad weather, such as earthquake, typhoon, heavy rain, and heavy snow; |
| 2. | Other cases where a serious failure has occurred or is likely to occur in the operation of trains. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 40-2 (Railroad Workers’ Obligations) |
| (1) | A driver shall comply with the following while driving rolling stock: |
| 1. | He or she shall take the measures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport before rolling stock departs; |
| 2. | He or she shall comply with the safety rules relating to the operation of rolling stock prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | A traffic controller shall comply with the following while performing traffic control: |
| 1. | He or she shall provide information on train operation to drivers, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | In cases of a railroad accident and an operational failure (hereinafter referred to as “railroad accident, etc."), he or she shall comply with the measures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | A person responsible for work shall comply with the following while performing any work related to constructing or managing railroad infrastructure on or near a railroad track for rolling stock: <Newly Inserted by Act No. 15683, Jun. 12, 2018> |
| 1. | He or she shall provide safety training for workers before they perform work, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 2. | He or she shall take measures relating to work safety prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | A railroad operational safety manager shall comply with the following while performing any work related to constructing or managing railroad infrastructure on or near a railroad track for rolling stock: <Newly Inserted by Act No. 15683, Jun. 12, 2018> |
| 1. | He or she shall adjust the work schedule and the operation schedule of trains before performing the work; |
| 2. | He or she shall adjust the work schedule and the operation schedule of trains referred to in subparagraph 1 after consulting with persons in charge of managing the relevant station (including persons who handle a railroad signal, railroad switch, control panel, etc.) and traffic controllers; |
| 3. | He or she shall take measures relating to the operation of trains and work safety prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | In cases of a railroad accident, etc., no driver and train crew member of the relevant rolling stock shall leave the scene of the railroad accident; and shall take follow-up measures prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as taking relief measures for passengers, to maintain safety and order within the rolling stock: Provided, That this shall not apply to cases prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as where transfer to a medical institution is required. <Amended by Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019> |
[This Article Newly Inserted by Act No. 13436, Jul. 24, 2015]
| Article 41 (Railroad Workers Prohibited from Consuming Alcohol) |
| (1) | None of the following railroad workers (including those on-the-job training) shall perform any of their duties under the influence of alcohol (referring to alcoholic beverages under subparagraph 1 of Article 3 of the Liquor Tax Act; hereinafter the same shall apply) or drugs: <Amended by Act No. 12648, May 21, 2014; Act No. 14868, Aug. 9, 2017; Act No. 15683, Jun. 12, 2018> |
| 4. | A person responsible for work; |
| 5. | A railroad operational safety manager; |
| 6. | A person who handles railroad signals, railroad switches, control panels, etc. at railroad stations or engages in organizing trains (referring to coupling or decoupling rolling stock); |
| 7. | A person who engages in inspection and maintenance of rolling stock or railroad infrastructure. |
| (2) | Where deemed necessary for railroad safety and prevention of accidents or where there are reasonable grounds to suspect that a railroad worker has performed any of his or her duties under the influence of alcohol or drugs, the Minister of Land, Infrastructure and Transport, or a Mayor/Do Governor (limited to urban railroads defined in subparagraph 2 of Article 3 of the Urban Railroad Act, and urban railroads constructed and operated by a corporation entrusted with the construction and operation of the urban railroads by a local government under Article 24 of the same Act; hereafter in this Article and Articles 42, 45, 46, and 81 (2), the same shall apply) may verify or examine whether the railroad worker has consumed alcohol or used drugs. No railroad worker shall refuse such verification or examination conducted by the Minister of Land, Infrastructure and Transport or Mayor/Do Governor. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act 12216, Jan. 7, 2014> |
| (3) | The criteria for determining whether a railroad worker is found to have performed any of his or her duties under the influence of alcohol or drugs during verification or an examination pursuant to paragraph (2), shall be classified as follows: <Newly Inserted by Act No. 12648, May 21, 2014; Act No. 14868, Aug. 9, 2017> |
| 1. | Alcohol: If the blood alcohol concentration is at least 0.02 percent (0.03 percent in cases of railroad workers specified in paragraph (1) 4 through 6); |
| 2. | Drugs: If it is tested positive. |
| (4) | Matters regarding the methods, procedures, etc. for verification or an examination under paragraph (2) shall be prescribed by Presidential Decree. <Amended by Act No. 12648, May 21, 2014> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 42 (Prohibition on Carrying Harmful Goods) |
| (1) | No person shall carry goods or substances that compromise or are likely to compromise safety of the general public or passengers (hereinafter referred to as "harmful goods"), such as weapons, explosives, hazardous chemical substances, and highly inflammable substances, in a train, or load on a train: Provided, That the foregoing shall not apply where permission from the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor is obtained or it is required for performing specific duties prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
| (2) | Detailed matters regarding the kind of harmful goods, safety measures for cases where permission to carry or load harmful goods is obtained, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 43 (Prohibition on Consignment and Transportation of Hazardous Substances) |
No person shall consign hazardous substances prescribed by Presidential Decree, such as explosives to which chemical triggering ignition or explosion is attached, nitroglycerin, dry initial explosives, and those belonging to mercury fulminate and lead azide; and no railroad carrier shall transport them by railroad.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 44 (Transportation of Hazardous Substances) |
| (1) | A railroad carrier that intends to transport hazardous substances prescribed by Presidential Decree by railroad shall transport them after packing and loading them in a safe manner to prevent any danger and to protect human lives during transportation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | A person consigning a hazardous substance by railroad shall follow the safety measures, etc. of railroad carriers for the safe transportation of the hazardous substance. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 45 (Restricted Conduct in Railroad Protection Zones) |
| (1) | A person who intends to engage in any of the following conduct in an area (hereinafter referred to as "railroad protection zone") within 30 meters [within 10 meters in cases of trams (hereinafter referred to as "trams") among urban railroads defined in subparagraph 2 of Article 2 of the Urban Railroad Act] from the borderline of a railroad (referring to the last line of the outermost track), shall report thereon to the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor, as prescribed by Presidential Decree: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14548, Jan. 17, 2017> |
| 1. | Changing the shape and/or quality of land and/or excavation; |
| 2. | Collecting soil, rocks, pebbles, and/or sand; |
| 3. | New construction, remodeling, construction for expansion of buildings, or installation of artificial structures; |
| 4. | Planting trees (limited to cases prescribed by Presidential Decree); |
| 5. | Other conduct prescribed by Presidential Decree as likely to damage railroad infrastructure or hinder the safe operation of rolling stock. |
| (2) | A person who intends to engage in any conduct prescribed by Presidential Decree, which is likely to destroy any railroad infrastructure and/or to hinder the safe operation of rolling stock, such as excavation or installation of an artificial structure, in an area within 20 meters from the outer boundary of a tram railroad protection zone, shall report thereon to the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor. <Newly Inserted by Act No. 14548, Jan. 17, 2017> |
| (3) | If deemed necessary for the safe operation of rolling stock and protection of railroads, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may issue an order to prohibit or restrict a person engaging in any conduct specified in paragraph (1) or (2) from engaging in the relevant conduct, or order to take necessary measures prescribed by Presidential Decree. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 14548, Jan. 17, 2017> |
| (4) | If deemed necessary for the safe operation of rolling stock and protection of railroads, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may issue an order to the owner or occupant of land, trees, facilities, buildings, and/or other structures (hereinafter referred to as “facility, etc.”) to take the following measures: <Newly Inserted by Act No. 12648, May 21, 2014; Act No. 14548, Jan. 17, 2017> |
| 1. | If the facility, etc. obstructs the view, an order to remove the obstacle; |
| 2. | If the facility, etc. collapses and damages or is feared to damage any railroad, an order to remove the facility and, if necessary, install a preventive facility; |
| 3. | If the earth and sand, etc. are piled up on the railroads, or are likely to be piled up, an order to remove the earth and sand or install a preventive facility. |
| (5) | If necessary for the safe operation of rolling stock and protection of railroads, a railroad carrier, etc. may request the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor to issue an order to prohibit or restrict a person from engaging in the relevant conduct under paragraph (3) or (4) or order to take necessary measures. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014; Act No. 14548, Jan. 17, 2017> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 46 (Compensation for Loss) |
| (1) | When anyone sustains loss due to an order to prohibit or restrict conduct or to take measures under Article 45 (3) or (4), the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or railroad carriers, etc. shall compensate for such loss. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014; Act No. 14548, Jan. 17, 2017> |
| (2) | With respect to the compensation for loss under paragraph (1), the Minister of Land, Infrastructure and Transport, a Mayor/Do Governor, or railroad carriers, etc. shall discuss matters with those who sustain such loss. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 47 (Conduct Prohibited in Passenger Trains) |
| (1) | No passenger shall engage in any of the following conduct in a passenger train: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 14868, Aug. 9, 2017; Act No. 15683, Jun. 12, 2018> |
| 1. | Entering places prohibiting entry of passengers prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without good cause; |
| 2. | Handling the equipment, instruments, etc. of rolling stock, such as pressing the emergency stop button during operation or opening any of the doors on the sides of rolling stock, without good cause; |
| 3. | Throwing away any object out of the passenger train, which may threaten the safety of those outside the passenger train; |
| 5. | Any behavior sexually humiliating any railroad worker on duty, passenger, etc.; |
| 6. | Harming any third person, under the influence of alcohol or drugs; |
| 7. | Other conduct prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as compromising safety of any of the general public and passengers. |
| (2) | A driver, train crew member, or train station worker may take any of the following measures against a person who violates paragraph (1), if necessary: <Newly Inserted by Act No. 15683, Jun. 12, 2018> |
| 1. | Restraining the violation; |
| 2. | Recording, videotaping, or photographing the violation. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 48 (Conduct Prohibited for Protection of Railroads and Maintenance of Order) |
No person shall engage in any of the following conduct which may hinder the protection of railroads and maintenance of order without good cause: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. | Destroying railroad infrastructure or rolling stock to cause danger to the operation of rolling stock; |
| 2. | Throwing a stone or other dangerous things to rolling stock to cause danger to the operation of rolling stock; |
| 3. | Leaving things within three meters from the center of the track widthwise on either side to hinder the safe operation of rolling stock; |
| 4. | Piling explosives prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, highly flammable substances, etc. in facilities or areas prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as railroad bridges; |
| 5. | Passing over or entering railroad tracks (excluding roads crossing with railroads), or railroad infrastructure prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without permission from railroad carriers, etc.; |
| 6. | Making noise, such as using violent language, or speaking or singing loudly in railroad infrastructure used by the public, such as station facilities or rolling stock; |
| 7. | Disposing of any hazardous article prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or garbage which may hinder the operation of train in railroad infrastructure; |
| 8. | Sleeping in station facilities or rolling stock; |
| 9. | Hindering the operation of a train by getting on or off a moving train or obstructing the opening or closing of entrance doors without good cause; |
| 10. | Hindering the operation of a train by pressing an emergency stop button on a platform without good cause; |
| 11. | Other prohibited conduct prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as deemed necessary for the maintenance of order for the safety of the general public in railroad infrastructure or rolling stock. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 48-2 (Safety of Passengers and Security) |
| (2) | To efficiently utilize information on a security search referred to in paragraph (1) and any other information necessary for railroad security and security management, the Minister of Land, Infrastructure and Transport shall establish and operate a railroad security information system. <Amended by Act No. 15683, Jun. 12, 2018> |
| (3) | If deemed necessary for railroad security and public safety, the Minister of Land, Infrastructure and Transport may require a railroad carrier to provide information on the operation of trains; and the railroad carrier shall not refuse to comply with such request without good cause. <Amended by Act No. 15683, Jun. 12, 2018> |
| (4) | To operate a railroad security information system, the Minister of Land, Infrastructure and Transport shall collect and manage only the minimum information necessary to ensure the safe operation of rolling stock and protect railroad infrastructure. <Newly Inserted by Act No. 15683, Jun. 12, 2018> |
| (5) | Matters regarding the method and procedures for conducting security searches under paragraph (1) and the type of security search equipment, as well as matters regarding the railroad security information system referred to in paragraph (2) and the verification of information under paragraph (3), shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted by Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019> |
[This Article Newly Inserted by Act No. 11476, Jun. 1, 2012]
| Article 48-3 (Performance Certification of Security Search Equipment) |
| (1) | Where a person conducts a security search pursuant to Article 48-2 (1), he or she shall use security search equipment regarding which performance certification has been issued by the Minister of Land, Infrastructure and Transport. |
| (2) | The standards, methods, and procedures for obtaining performance certification pursuant to paragraph (1), and other matters necessary for its operation, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | The Minister of Land, Infrastructure and Transport shall prescribe and publicly notify the standards for operating, maintaining, and managing, etc. security search equipment regarding which performance certification has been issued pursuant to paragraph (1). |
| (4) | To verify whether security search equipment regarding which performance certification has been issued pursuant to paragraph (1) continues to function correctly during operation, the Minister of Land, Infrastructure and Transport shall inspect such equipment regularly or occasionally, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | Where security search equipment regarding which performance certification has been issued pursuant to paragraph (1) falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may revoke certification of such equipment: Provided, That where security search equipment falls under subparagraph 1, the Minister shall revoke certification thereof: |
| 1. | Where security search equipment is certified by fraud or other improper means; |
| 2. | Where security search equipment ceases to meet the standards for obtaining performance certification under paragraph (2). |
[This Article Newly Inserted by Act No. 16395, Apr. 23, 2019]
| Article 48-4 (Designation of Testing Institutions) |
| (1) | For performance certification under Article 48-3, the Minister of Land, Infrastructure and Transport may designate an institution (hereinafter referred to as "testing institution") that conducts a test to evaluate performance of security search equipment (hereinafter referred to as "performance test"). |
| (2) | Where any corporation or organization intends to be designated as a testing institution pursuant to paragraph (1), it shall file an application for designation with the Minister of Land, Infrastructure and Transport upon meeting the standards for designation prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (3) | Where any corporation or organization designated as a testing institution pursuant to paragraph (1) falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may revoke its designation or issue an order for it to fully or partially suspend its business for a specified period not exceeding one year: Provided, That where a corporation or organization falls under subparagraph 1 or 2, the Minister shall revoke its designation: |
| 1. | Where the corporation or organization is designated as a testing institution by fraud or other improper means; |
| 2. | Where the corporation or organization conducts a performance test during a period of business suspension after receiving an order for it to suspend its business; |
| 3. | Where the corporation or organization fails to conduct a performance test without good cause; |
| 4. | Where the corporation or organization conducts a performance test without complying with each of the standards, methods, procedures, etc. referred to in Article 48-3 (2); |
| 5. | Where the corporation or organization ceases to meet each of the standards for designating testing institutions referred to in Article 48-4 (2); |
| 6. | Where the corporation or organization fabricates the findings from a performance test. |
| (4) | To ensure expertise and credibility of certification, the Minister of Land, Infrastructure and Transport may entrust performance certification and inspection of security search equipment under Article 48-3 to an institution prescribed by Presidential Decree (hereinafter referred to as "certification institution"). |
[This Article Newly Inserted by Act No. 16395, Apr. 23, 2019]
| Article 48-5 (Carrying and Using Work Apparatus) |
| (2) | "Work apparatus" in paragraph (1) means handcuffs, ropes, gas injectors, electronic shock devices, and guard rods that special railway judicial police officers carry and use to perform their duties, such as arresting an offender or escorting a suspect. |
| (3) | Where a special railway judicial police officer uses a piece of work apparatus that may harm a person's safety or health (referring to an electronic shock device or gas injector) while performing his or her duties pursuant to paragraph (1), he or she shall do so only after having undergone necessary prior safety training and undergoing a safety inspection. |
[This Article Newly Inserted by Act No. 15683, Jun. 12, 2018]
| Article 49 (Observance of Directions of Railroad Workers on Duty) |
| (1) | A person using a train or railroad infrastructure shall follow the directions of railroad workers on duty, which are given under this Act for the safety and protection of railroads and maintenance of order. |
| (2) | No person shall interfere with the performance of the duties of railroad workers by means of violence or intimidation. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 50 (Measures for Removing Persons or Articles) |
A railroad worker may remove the following persons or articles from trains or areas prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014; Act No. 14548, Jan. 17, 2017; Act No. 15683, Jun. 12, 2018>
| 1. | A person carrying harmful goods in a passenger train in violation of Article 42, and the relevant harmful goods; |
| 2. | A person consigning or transporting any hazardous substance which is prohibited from transportation, in violation of Article 43, and the relevant hazardous substance; |
| 3. | A person failing to comply with an order prohibiting or restricting from engaging in conduct or order for taking measures under Article 45 (3) or (4), and the relevant article; |
| 4. | A person violating Article 47 (1), and the relevant article; |
| 5. | A person violating Article 48, and the relevant article; |
| 6. | A person failing to comply with the security search referred to in Article 48-2; |
| 7. | A person failing to follow all of the directions issued by any railroad worker on duty or interfering with such worker performing a duty, in violation of Article 49. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER VI INVESTIGATION AND HANDLING OF RAILROAD ACCIDENTS
| Articles 51 through 59 Deleted. <by Act No. 7692, Nov. 8, 2005> |
| Article 60 (Measures to Be Taken After Railroad Accidents) |
| (1) | In the event of a railroad accident, etc., the relevant railroad carrier, etc. shall take measures necessary to minimize damage to human lives and property and normalize train operation through relief of casualties, management of lost articles, transportation of passengers, restoration of railroad infrastructure, etc. <Amended by Act No. 13436, Jul. 24, 2015> |
| (2) | Matters necessary for the relief of casualties, transportation of passengers, restoration of railroad infrastructure, etc. after a railroad accident shall be prescribed by Presidential Decree. |
| (3) | If deemed necessary after receiving a report on an accident pursuant to Article 61, the Minister of Land, Infrastructure and Transport may give railroad carriers, etc. directions necessary for the successful response to the accident, etc. In receipt of such directions, the railroad carriers, etc. shall comply therewith, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 61 (Accident Reporting) |
| (1) | In the event of a railroad accident, etc. prescribed by Presidential Decree, such as an accident involving a large number of casualties, a railroad carrier, etc. shall immediately report thereon to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | In the event of a railroad accident, etc. other than the railroad accident, etc. referred to in paragraph (1), a railroad carrier, etc. shall investigate the details of the accident as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and report the findings thereof to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Articles 62 through 67 Deleted. <by Act No. 7692, Nov. 8, 2005> |
CHAPTER VII CONSTRUCTION OF FOUNDATION FOR RAILROAD SAFETY
| Article 68 (Promotion of Railroad Safety Technology) |
The Minister of Land, Infrastructure and Transport shall develop and implement measures necessary to promote technologies related to railroad safety, such as encouragement of research and development and sharing of the accomplishments thereof. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 69 (Fostering of Institutions Specializing in Railroad Safety) |
| (1) | The Minister of Land, Infrastructure and Transport shall guide and foster institutions or organizations specializing in railroad safety. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall prepare and promote measures for securing experts in railroad safety (hereinafter referred to as “railroad safety experts”), as prescribed by Presidential Decree, such as safety inspection duties related to the construction, operation, and management of railroad infrastructure. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport may certify the qualification of the railroad safety experts in accordance with the following classifications: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Railroad operational safety manager; |
| 2. | Railroad safety technical expert. |
| (4) | Matters regarding the qualification standards and certification procedures for the railroad safety experts by category and those necessary for the safety education and training required for certification shall be prescribed by Presidential Decree. |
| (5) | The Minister of Land, Infrastructure and Transport may designate institutions specializing in railroad safety (hereinafter referred to as “safety-specialized institution”) and may allow such institutions to perform duties, such as nurturing railroad safety experts and managing their qualifications. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) | Matters regarding the criteria and procedures for designating safety-specialized institutions shall be prescribed by Presidential Decree. |
| (7) | Articles 15 (6) and 15-2 shall apply mutatis mutandis to the revocation of designation and suspension of business of safety-specialized institutions. In such cases, "driver aptitude testing-institution" shall be construed as "safety-specialized institution"; "driver aptitude testing duties" as "safety education and training duties"; "Article 15 (5)" as "Article 69 (6)"; and "pass/fail report of driver aptitude test” as "safety education and training certificate or qualification certificate". <Amended by Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 69-2 (Posting of Railroad Operational Safety Managers) |
| (1) | When performing any work related to constructing or managing railroad infrastructure on or near a railroad track for rolling stock, a railroad carrier, etc. shall post a railroad operational safety manager at such place: Provided, That this shall not apply in cases prescribed by Presidential Decree, such as where a railroad carrier, etc. performs work, construction, etc. itself. |
| (2) | The standards and methods for posting railroad operational safety managers under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 16395, Apr. 23, 2019]
| Article 69-3 (Regular Training for Railroad Safety Experts) |
| (1) | A person granted the qualification for railroad safety expert by field under Article 69 shall undergo regular training so that he or she maintains adequate skills to perform his or her duties. |
| (2) | No railroad carrier, etc. shall permit any person who has failed to undergo regular training under paragraph (1) to perform relevant duties. |
| (3) | The frequency of regular training for railroad safety experts under paragraph (1), details thereof, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 16395, Apr. 23, 2019]
| Article 69-4 (Revocation and Suspension of Qualification for Railroad Operational Safety Managers) |
| (1) | Where a railroad operational safety manager falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may revoke or suspend his or her qualification for railroad operational safety manager for a specified period of up to one year: Provided, That if a railroad operational safety manager falls under any of subparagraphs 1 through 3, the Minister shall revoke his or her qualification of a railroad operational safety manager: |
| 1. | Where the railroad operational safety manager obtains the qualification of a railroad operational safety manager by fraud or other improper means; |
| 2. | Where the railroad operational safety manager performs the duties of a railroad operational safety manager during the suspension of validity of his or her qualification of a railroad operational safety manager; |
| 3. | Where the railroad operational safety manager lends his or her qualification of a railroad operational safety manager to any third person; |
| 4. | Where a railroad accident is caused intentionally or by gross negligence while the railroad operational safety manager is performing his or her duties; |
| 5. | Where the railroad operational safety manager performs the duties of a railroad operational safety manager under the influence of alcohol or drugs in violation of Article 41 (1); |
| 6. | Where the railroad operational safety manager refuses any verification or examination conducted by the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor in violation of Article 41 (2) even when reasonable grounds exist to suspect that the railroad operational safety manager has performed any of his or her duties under the influence of alcohol or drugs. |
| (2) | Article 20 (2) through (6) shall apply mutatis mutandis to the criteria, procedures, etc. for revoking the qualification of a railroad operational safety manager or suspending validity of such qualification under paragraph (1). In such cases, "driver's license" shall be construed as "qualification of a railroad operational safety manager" or as "certificate of qualification of a railroad operational safety manager", as appropriate. |
[This Article Newly Inserted by Act No. 16395, Apr. 23, 2019]
| Article 70 (Dissemination of Railroad Safety Knowledge) |
The Minister of Land, Infrastructure and Transport shall prepare and promote measures necessary for the dissemination of knowledge on railroad safety and enhancement of awareness of railroad safety. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 71 (Integrated Management of Railroad Safety Data) |
| (1) | To efficiently promote railroad safety measures under this Act, the Minister of Land, Infrastructure and Transport may comprehensively manage data on railroad safety, and provide them to the heads of relevant local governments, or railroad carriers, etc., driver aptitude testing-institutions, traffic controller aptitude testing-institutions, driving education and training-institutions, traffic control education and training-institutions, certification institutions, testing institutions, safety-specialized institutions, and institutions or organizations entrusted with duties pursuant to Article 77 (2) (hereinafter referred to as "railroad-related institution, etc."). <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Amended by Act No. 13436, Jul. 24, 2015; Act No. 16395, Apr. 23, 2019> |
| (2) | The Minister of Land, Infrastructure and Transport may request materials from the heads of relevant local governments or the railroad-related institutions, etc. necessary for comprehensive management of data under paragraph (1). Any person in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 72 (Financial Support) |
The Government may subsidize and financially support the following institutions or organizations: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015; Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019>
| 1. | Driver aptitude testing-institutions, traffic controller aptitude testing-institutions, or precise safety diagnosis institutions; |
| 2. | Driving education and training-institutions, traffic control education and training-institutions, or maintenance education and training-institutions; |
| 3. | Certification institutions, testing institutions, safety-specialized institutions, or organizations involved in railroad safety; |
| 4. | Institutions or organizations entrusted with duties pursuant to Article 77 (2). |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 72-2 (Support for Reconstruction or Improvement of Railway Bridges) |
| (1) | The State may partially subsidize reconstruction and improvement of railway bridges to ensure railroad safety. |
| (2) | Matters regarding the scope, conditions, and ratio of support for reconstruction or improvement under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11193, Jan. 17, 2012]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
| Article 73 (Reporting and Inspection) |
| (1) | In any of the following cases, the Minister of Land, Infrastructure and Transport or relevant local governments may order railroad-related institutions, etc. to report necessary matters or submit data, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015; Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019> |
| 1. | Where necessary to establish or implement a comprehensive railroad safety plan or action plan; |
| 1-2. | Where intended to verify whether the publication of railroad safety investment under Article 6-2 (1) is appropriate; |
| 2. | Where necessary to conduct an inspection or check-up prescribed in Article 8 (2); |
| 2-2. | Where necessary to evaluate the levels of railroad safety under Article 9-3 (1); |
| 3. | Where necessary to inspect duties performed by driver aptitude testing-institutions, traffic controller aptitude testing-institutions, driving education and training-institutions, traffic control education and training-institutions, safety-specialized institutions, maintenance education and training-institutions, precise safety diagnosis institutions, certification institutions, or testing institutions; or to verify whether such institutions comply with the criteria for designation; |
| 4. | Where necessary to verify whether a railroad carrier, etc. complies with each of the obligations of managing railroad workers provided for in Article 21-2, 22-2, or 23 (3); |
| 4-2. | Where necessary to verify whether the duty to take measures under Article 31 (4) has been performed; |
| 5. | Where necessary to conduct an examination referred to in Article 38 (2); |
| 5-2. | Where it is intended to verify whether certified maintenance organizations observe the matters to be observed under Article 38-9; |
| 6. | Where necessary to examine the appropriateness of the grounds for suspending the operation of a train, in cases where a railroad carrier suspends the operation of a train temporarily pursuant to Article 40; |
| 7. | Where necessary to examine the appropriateness of the safety measures, etc. conducted by a railroad carrier pursuant to Article 44 (2); |
| 8. | Where necessary to verify facts, etc. in relation to reports provided for in Article 61; |
| 9. | Where necessary to establish measures provided for in Article 68, 69 (2), or 70; |
| 10. | Where necessary to determine subsidies for expenses pursuant to Article 72-2 (1). |
| (2) | In cases falling under any of the subparagraphs of paragraph (1), the Minister of Land, Infrastructure and Transport or a related local government may allow the public officials under his or her control to enter the offices or business places of railroad-related institutions, etc. to ask questions to relevant persons or inspect documents. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015> |
| (3) | A public official entering or inspecting pursuant to paragraph (2) shall carry a certificate showing his or her authority and present it to relevant persons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Matters regarding a certificate required under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| (1) | A person applying for education and training, a license, inspection, diagnosis, performance certification, performance test, etc. under this Act shall pay a fee prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases of driver aptitude testing-institutions, traffic controller aptitude testing-institutions, driving education and training-institutions, traffic control education and training-institutions, maintenance education and training-institutions, precise safety diagnosis institutions, certification institutions, testing institutions, and safety-specialized institutions (hereafter in this Article referred to as "agencies") designated by the Minister of Land, Infrastructure and Transport under this Act or institutions entrusted with the duties pursuant to Article 77 (2) (hereafter in this Article referred to as "entrusted institutions"), fees determined by the agencies or entrusted institutions shall be paid to such agencies or entrusted institutions. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015; Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019> |
| (2) | When agencies or entrusted institutions intend to determine fees pursuant to the proviso to paragraph (1), they shall determine the criteria therefor and obtain approval thereof from the Minister of Land, Infrastructure and Transport. The foregoing shall also apply where intending to amend the approved matters. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
The Minister of Land, Infrastructure and Transport shall hold a hearing before rendering any of the following dispositions: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015; Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019>
| 1. | Revocation of approval of the safety management system under Article 9 (1); |
| 2. | Revocation of designation of driver aptitude testing-institutions under Article 15-2 (including cases applied mutatis mutandis in Article 16 (5), 21-6 (5), 21-7 (5), 24-4 (5), or 69 (7)); |
| 3. | Deleted; <by Act No. 13436, Jul. 24, 2015> |
| 4. | Cancellation or suspension of the validity of a driver's license under Article 20 (1); |
| 4-2. | Cancellation or suspension of the validity of certification of qualification as a traffic controller under Article 21-11 (1); |
| 4-3. | Revocation of recognition of a rolling stock maintenance technician under Article 24-5 (1); |
| 5. | Revocation of type approval under Article 26-2 (1) (including cases applied mutatis mutandis in Article 27 (4)); |
| 6. | Revocation of approval as a manufacturer under Article 26-7 (including cases applied mutatis mutandis in Article 27-2 (4)); |
| 7. | Revocation of certification of a certified maintenance organization under Article 38-10 (1); |
| 8. | Revocation of designation of a precise safety diagnosis institution under Article 38-13 (3); |
| 9. | Revocation of designation of a testing institution under Article 48-4 (3). |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 76 (Legal Fiction of Public Officials for Purposes of Penalty Provisions) |
Any of the following persons shall be deemed a public official for the purposes of Articles 129 through 132 of the Criminal Act: <Amended by Act No. 13436, Jul. 24, 2015; Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019> | 1. | Executive officers and employees of the driver aptitude testing-institutions administering a driver aptitude test, or executive officers and employees of the traffic controller aptitude testing-institutions administering a traffic controller aptitude test; |
| 2. | Executive officers and employees of the driving education and training-institutions providing driving education and training, or executive officers and employees of the traffic control education and training-institutions providing traffic control education and training; |
| 2-2. | Executive officers and employees of maintenance education and training-institutions providing maintenance education and training; |
| 2-3. | Executive officers and employees of precise safety diagnosis institutions conducting a precise safety diagnosis; |
| 2-4. | Executive officers and employees of testing institutions conducting a performance test; and executive officers and employees of certification institutions conducting performance certification and inspection, under Article 48-4; |
| 2-5. | Executive officers and employees of safety-specialized institutions nurturing railroad safety experts and managing their qualifications under Article 69 (5); |
| 3. | Executive officers and employees of institutions or organizations related to the railroad safety performing entrustment tasks under Article 77 (2). |
[This Article Wholly Amended by Act No. 11591, Dec. 18, 2012]
| Article 77 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to the head of the competent agency or a Mayor/Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may entrust part of his or her authority under this Act to institutions or organizations related to railroad safety as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER IX PENALTY PROVISIONS
| Article 78 (Penalty Provisions) |
| (1) | A person interfering with a railroad worker’s performing duties by means of violence or intimidation, in violation of Article 49 (2), shall be punished by imprisonment with labor not exceeding five years or by a fine not exceeding 50 million won. <Amended by Act No. 11476, Jun. 1, 2012> |
| (2) | Any of the following persons shall be punished by imprisonment with labor not exceeding three years or by a fine not exceeding 30 million won: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015; Act No. 14868, Aug. 9, 2017; Act No. 14953, Oct. 24, 2017; Act No. 15683, Jun. 12, 2018> |
| 1. | A person who has operated a railroad or managed railroad infrastructure without approval of the safety management system, in violation of Article 7 (1); |
| 2. | A person who has manufactured rolling stock without approval as a manufacturer of rolling stock, in violation of Article 26-3 (1); |
| 3. | A person who has manufactured railroad supplies without approval as a manufacturer of railroad supplies, in violation of Article 27-2 (1); |
| 3-2. | A person who has arbitrarily remodeled and operated any rolling stock without approval for remodeling, in violation of Article 38-2 (2); |
| 3-3. | A person who has assigned a person deemed incapable of remodeling to perform remodeling work, in violation of Article 38-2 (3); |
| 3-4. | A person who has operated the relevant rolling stock without complying with an order to restrict its operation issued by the Minister of Land, Infrastructure and Transport, in violation of Article 38-3 (1); |
| 4. | A person who has caused the death or injury of a person and/or damage to rolling stock or railroad infrastructure, in violation of Article 40-2 (2) 2 or (5), when a railroad accident, etc. has occurred; |
| 5. | A person who has performed any of his or her duties under the influence of alcohol or drugs, in violation of Article 41(1); |
| 6. | A person who has consigned or transported a hazardous substance prohibited from consignment and transportation, in violation of Article 43; |
| 7. | A person who has transported a hazardous substance, in violation of Article 44 (1); |
| 8. | A person who violates any of subparagraphs 1 through 4 of Article 48. |
| (3) | Any of the following persons shall be punished by imprisonment with labor not exceeding two years or by a fine not exceeding 20 million won: <Amended by Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 13436, Jul. 24, 2015; Act No. 14548, Jan. 17, 2017; Act No. 15683, Jun. 12, 2018> |
| 1. | A person who has obtained approval of the safety management system referred to in Article 7 (1) by fraud or other improper means; |
| 2. | A person who has caused substantial and obvious disruption to railroad operation or railroad infrastructure management, in violation of Article 8 (1); |
| 3. | A person who has received designation referred to in Article 15 (4), 16 (3), 21-6 (3), 21-7 (3), 24-4 (2), 38-13 (1), or 69 (5) by fraud or other improper means; |
| 4. | A person who has performed the relevant duty during a period for suspension of business referred to in Article 15-2 (including cases applied mutatis mutandis in Article 16 (5), 21-6 (5), 21-7 (5), 24-4 (5), or 69 (7)); |
| 5. | A person who has received type approval referred to in Article 26 (1) or 27 (1) by fraud or other improper means; |
| 6. | A person who has operated rolling stock not having type approval, in violation of Article 26 (5); |
| 7. | A person who has obtained approval as a manufacturer referred to in Article 26-3 (1) or 27-2 (1) by fraud or other improper means; |
| 8. | A person who is exempt from approval as a manufacturer referred to in Article 26-3 (3) (including cases applied mutatis mutandis in Article 27-2 (4)) by fraud or other improper means; |
| 9. | A person who has sold rolling stock without undergoing a completion inspection, in violation of Article 26-6 (1); |
| 10. | A person who has manufactured rolling stock or railroad supplies during a period for suspension of business referred to in Article 26-7 (1) 5 (including cases applied mutatis mutandis in Article 27-2 (4)); |
| 11. | A person who has used railroad supplies not having type approval of the rolling stock, railroad supplies, etc., in violation of Article 27 (3); |
| 12. | A person who has failed to comply with an order of suspension referred to in Article 32 (1); |
| 13. | A person who has commenced commercial operation of a railroad without conducting testing and commissioning or reporting its findings to the Minister of Land, Infrastructure and Transport, in violation of Article 38 (1); |
| 13-2. | A person who has operated rolling stock, knowing that the rolling stock is not maintained, in violation of Article 38-6 (1); |
| 13-3. | A person who has failed to comply with an order to maintain or reinstate rolling stock issued under Article 38-6 (3); |
| 13-4. | A person certified as a rolling stock maintenance organization under Article 38-7 (1) by fraud or other improper means; |
| 13-5. | A person falling under Article 38-10 (1) 2, who has caused any railroad accident or serious operational failure intentionally or by gross negligence; |
| 13-6. | A person who has operated any rolling stock that has failed to undergo a precise safety diagnosis or is deemed unsuitable for continued use upon a precise safety diagnosis, in violation of Article 38-12 (4); |
| 14. | Deleted; <by Act No. 14868, Aug. 9, 2017> |
| 15. | A person who has failed to comply with the verification or examination referred to in Article 41 (2); |
| 16. | A person who has carried or loaded harmful goods, in violation of Article 42 (1), without good cause; |
| 17. | A person who has failed to report under Article 45 (1) or (2) or has failed to comply with an order under Article 45 (3); |
| 18. | A person who has committed such conduct as pressing the emergency stop button during operation or opening the entrance doors for getting on and off of rolling stock, in violation of Article 47 (1) 2. |
| (4) | Any of the following persons shall be punished by imprisonment with labor not exceeding one year or by a fine not exceeding 10 million won: <Amended by Act No. 11476, Jun. 1, 2012; Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015; Act No. 13807, Jan. 19, 2016; Act No. 14868, Aug. 9, 2017; Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019> |
| 1. | A person who has driven rolling stock without a driver's license, in violation of Article 10 (1) (including those whose driver's license was canceled or is under suspension under Article 20); |
| 2. | A person who has obtained a driver's license by fraud or other improper means; |
| 2-2. | A person who has obtained certification of the qualification of a traffic controller by fraud or other improper means; |
| 2-3. | A person who has been recognized as a rolling stock maintenance technician by fraud or other improper means; |
| 3. | A person who has engaged in driving rolling stock without completing on-the-job training, in violation of Article 21; |
| 3-2. | A railroad carrier, etc. allowing any person who has not obtained driver’s license (including those whose driver's license was canceled or is under suspension under Article 20) or has not completed on-the-job training, to engage in driving rolling stock, in violation of Article 21-2; |
| 3-3. | A person who has engaged in traffic control without acquiring certification of qualification as a traffic controller (including those whose certification of qualification as a traffic operator was canceled or is under suspension under Article 22-11), in violation of Article 21-3; |
| 4. | A person who has engaged in traffic control without completing on-the-job training, in violation of Article 22; |
| 4-2. | A railroad carrier, etc. allowing any person who has not acquired certification of qualification as a traffic controller (including those whose certification of qualification as a traffic controller was canceled or is under suspension under Article 21-11) or has not completed on-the-job training, to engage in traffic control, in violation of Article 22-2; |
| 5. | A person performing a duty referred to in paragraph (1) of Article 23 without undergoing a physical examination and aptitude test, in violation of paragraph (1) of Article 23, or without passing a physical examination and aptitude test, in violation of Article 23 (3), and a person allowing such person to perform such duty; |
| (a) | A person who has permitted a third person to use his or her name to perform rolling stock maintenance, or has lent his or her certificate of experience in maintaining rolling stock to a third person; |
| (b) | A person who has used a third person's name to perform rolling stock maintenance, or has borrowed a third person's certificate of experience in maintaining rolling stock; |
| (c) | A person who has engaged in brokering any conduct specified in item (a) or (b); |
| 6. | A person who has sold rolling stock or railroad supplies not having type approval referred to in Article 26 (1) or 27 (1); |
| 6-2. | A person who has failed to comply with an order to take measures issued under Article 31 (6); |
| 7. | A person who has falsely reported the findings from testing and commissioning, in violation of Article 38 (1); |
| 7-2. | A person who has maintained rolling stock without certification of a maintenance organization, in violation of Article 38-7 (1); |
| 8. | A person who has failed to comply with any direction referred to in Article 39-2 (1); |
| 9. | A person who has arbitrarily operated an image recording device for purposes other than the intended purposes of its installation, shot other locations, or used the image recording function during other than the period of train operation, in violation of Article 39-3 (3); |
| 10. | A person who has used recorded images for other than the intended purposes or provided the same to any third person, in violation of Article 39-3 (4); |
| 11. | A person who has failed to take measures necessary to ensure the safety of an image recording device, resulting in loss, theft, divulgence, alteration, or damage of or to images recorded in the image recording device, in violation of Article 39-3 (5); |
| 12. | A person who has harmed any third person, while under the influence of alcohol or drugs, in violation of subparagraph 6 of Article 47; |
| 13. | A person who has obtained the qualification of a railroad operational safety manager by fraud or other improper means; |
| 14. | A railroad carrier that has performed any work related to constructing or managing railroad infrastructure without posting a railroad operational safety manager, in violation of Article 69-2 (1); |
| 15. | A person who has performed any of his or her duties without undergoing regular training; or a person who has allowed any person failing to undergo regular training, to engage in any relevant duties, in violation of Article 69-3 (1) or (2). |
| (5) | A person who has violated Article 47 (1) 5 shall be punished by a fine not exceeding five million won. <Newly Inserted by Act No. 11476, Jun. 1, 2012; Act No. 15683, Jun. 12, 2018> |
| Article 79 (Aggravated Punishment) |
| (1) | A person obstructing the operation of a train by committing any crime under Article 78 (1) or (3) 16 or 17 shall be subject to punishment aggravated by up to half the punishment prescribed for such crime. <Amended by Act No. 11591, Dec. 18, 2012> |
| (2) | A person causing deaths or injuries by committing any crime under Article 78 (3) 16 or 17 shall be punished by imprisonment with labor not exceeding five years or by a fine not exceeding 50 million won. <Amended by Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
| Article 80 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent, employee, or other servant of a corporation or individual commits any of the offences under Article 78 (2), Article 78 (3) (excluding subparagraph 16), Article 78 (4) (excluding subparagraph 2), or Article 79 (limited to cases where the offence subject to an aggravated punishment under Article 78 (3) 17 is committed) in connection with duties of the corporation or individual, not only the offender be punished but also the corporation or individual shall be punished by a fine under each relevant Article: Provided, That the foregoing shall not apply where the corporation or individual has not been negligent in giving due care and supervision concerning the relevant duties to prevent such offence. <Amended by Act No. 11591, Dec. 18, 2012> [This Article Wholly Amended by Act No. 9610, Apr. 1, 2009]
| Article 81 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended by Act No. 11476, Jun. 1, 2012; Act No. 11591, Dec. 18, 2012; Act No. 13436, Jul. 24, 2015; Act No. 14868, Aug. 9, 2017; Act No. 15683, Jun. 12, 2018; Act No. 16395, Apr. 23, 2019> |
| 1. | A person who has modified a safety management system without obtaining approval, in violation of Article 7 (3) (including cases applied mutatis mutandis in Articles 26-8 and 27-2 (4)); |
| 2. | A person who has failed to comply with an order of taking corrective measures without good cause, in violation of Article 8 (3) (including cases applied mutatis mutandis in Articles 26-8 and 27-2 (4)); |
| 3. | A person who has failed to return a driver’s license, in violation of Article 20 (3) (including cases applied mutatis mutandis in Article 21-11 (2)); |
| 4. | A person who has failed to obtain approval for modification, in violation of Article 26 (2) (including cases applied mutatis mutandis in Article 27 (4)); |
| 5. | A person who has failed to make a report as prescribed in Article 26-5 (2) (including cases applied mutatis mutandis in Article 27-2 (4)); |
| 6. | A person who has failed to indicate type approval, in violation of Article 27-2 (3); |
| 7. | A person who has refused, hindered, or evaded an investigation, inspection, collection, etc., in violation of Article 31 (2); |
| 8. | A person who has failed to submit a plan on corrective measures, or has failed to report on the progress of such corrective measures, in violation of Article 32 (2) or (4); |
| 9. | A person who has failed to comply with an order for improvement or correction referred to in Article 38 (2); |
| 9-2. | Any of the following persons who violate Article 38-5 (3): |
| (a) | A person who has failed to enter any matter to be recorded in records intentionally or by negligence; |
| (b) | A person who has forged, falsified, or intentionally damaged any recorded matter; |
| (c) | A person who has provided any recorded matter to any third party without authorization; |
| 9-3. | A person who has changed any certified matter without obtaining certification for change or without reporting a changed matter, in violation of Article 38-7 (2); |
| 9-4. | A person who has failed to observe any matter to be observed under Article 38-9; |
| 9-5. | A person who has failed to comply with an order to undergo a precise safety diagnosis issued under Article 38-12 (2); |
| 10. | A person who has failed to conform to safety measures referred to in Article 39-2 (3); |
| 11. | A person who violates Article 47 (1) 1, 3, 4, or 7 in a passenger train; |
| 12. | A person who has entered or passed a railroad track (excluding a road crossed with rolling stock) or railroad infrastructure without permission, in violation of subparagraph 5 of Article 48; |
| 13. | A person who has dumped hazardous articles or filth to railroad infrastructure or disrupted railroad operation, in violation of subparagraph 7, 9, or 10 of Article 48; |
| 13-2. | A person who has failed to use security search equipment whose performance is certified by the Minister of Land, Infrastructure and Transport, in violation of Article 48-3 (1); |
| 13-3. | A certification institution or testing institution that has violated any of the standards, methods, procedures, etc. for obtaining performance certification of security search equipment, in violation of Article 48-3 (2); |
| 14. | A person who has failed to comply with any of the directions of railroad workers on duty, in violation of Article 49 (1); |
| 15. | A person who has failed to make a report under Article 61 (1) and (2), or has filed a false report; |
| 15-2. | A person who has failed to undergo regular training, in violation of Article 69-3 (1); |
| 16. | A person who has failed to make a report under Article 73 (1), or has filed a false report; |
| 17. | A person who has refused, hindered, or evaded the submission of data referred to in Article 73 (1); |
| 18. | A person who has refused, hindered, or evaded an entrance and/or inspection of the relevant public officials as referred to in Article 73 (2). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Newly Inserted by Act No. 13436, Jul. 24, 2015; Act No. 14953, Oct. 24, 2017; Act No. 15683, Jun. 12, 2018> |
| 1. | A person who has modified the safety management system without reporting thereon (including cases applied mutatis mutandis in Articles 26-8 and 27-2 (4)), in violation of Article 7 (3); |
| 2. | A person who has failed to provide safety training, in violation of Article 24 (1); |
| 3. | A person who has failed to report modifications (including cases applied mutatis mutandis in Article 27 (4)), in violation of Article 26 (2); |
| 4. | A person who has operated any remodeled rolling stock without reporting on such remodeling, in violation of the proviso to Article 38-2 (2); |
| 5. | A person who has failed to enter any matter to be recorded in records by negligence, in violation of item (a) of Article 38-5 (3). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended by Act No. 15683, Jun. 12, 2018> |
| 1. | A person who has displayed a mark indicating designation as an outstanding railroad safety operator or similar mark, in violation of Article 9-4 (3); |
| 2. | A person who has failed to comply with an order to take corrective measures, in violation of Article 9-4 (4); |
| 3. | A person who has failed to comply with the requirements to be observed under Article 40-2. |
| (4) | A person who has failed to comply with an order for taking measures in violation of Article 45 (4) shall be subject to an administrative fine not exceeding half a million won. <Newly Inserted by Act No. 12648, May 21, 2014; Act No. 13436, Jul. 24, 2015; Act No. 14548, Jan. 17, 2017> |
| (5) | Administrative fines referred to in paragraphs (1) through (4) shall be collected by the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor (limited to cases falling under subparagraphs 11 through 14, 16, 17 of paragraph (1) of this Article), as prescribed by Presidential Decree. <Amended by Act No. 11476, Jun. 1, 2012; Act No. 11591, Dec. 18, 2012; Act No. 11690, Mar. 23, 2013; Act No. 12648, May 21, 2014; Act No. 13436, Jul. 24, 2015> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005: Provided, That Articles 10, 17 through 23, and 35 through 38 shall enter into force on July 1, 2006. Article 2 (Applicability to Safety Standards for Railroad Infrastructure)
The safety standards for railroad infrastructure referred to in Article 25 (1) shall begin to apply to the facility that first embarks on basic design after this Act enters into force. Article 3 (Applicability to Safety Standards for Rolling Stock)
Article 26 (1) shall begin to apply to the rolling stock the purchase contract of which is signed first after this Act enters into force. Article 4 (General Transitional Measures concerning Railroad Safety)
Any activity that is conducted by or against an administrative agency in accordance with the provisions of the previous Railroad Act as at the time this Act enters into force shall be deemed an activity committed by or against the administrative agency under this Act. Article 5 (Transitional Measures concerning Safety Management Regulations)
Any person performing the duty to operate railroads or manage railroad infrastructure in accordance with relevant statutes as at the time this Act enters into force shall establish the safety management regulations referred to in Article 7 within one year after this Act enters into force and obtain approval from the Minister of Construction and Transportation. Article 6 (Transitional Measures concerning Emergency Response Plans)
Any person performing the duty to operate railroads or manage railroad infrastructure in accordance with relevant statutes as at the time this Act enters into force shall establish the emergency response plan referred to in Article 8 within one year after this Act enters into force and obtain approval from the Minister of Construction and Transportation. Article 7 (Transitional Measures concerning Driver's Licenses)
| (1) | Any person satisfying the requirements determined by Presidential Decree as of July 1, 2006 shall be deemed to have obtained the driver's license referred to in Article 10. |
| (2) | Any person falling under paragraph (1) shall apply for the issuance of a driver's license to the Minister of Construction and Transportation within one year from July 1, 2006 as prescribed by Presidential Decree. |
Article 8 (Transitional Measures concerning Requirements for Conducting Duty of Driving and Traffic Control)
| (1) | Any person satisfying the requirements prescribed by Presidential Decree as of July 1, 2006 shall be deemed to have satisfied the requirements necessary for driving under Article 21 (1). |
| (2) | Any person engaging in traffic control as of July 1, 2006 and any person who has a record to have engaged in traffic control for at least one year within five years before the date this Act enters into force shall be deemed to have satisfied the requirements necessary for performing traffic control referred to in Article 22. |
Article 9 (Transitional Measures concerning Physical Examination and Aptitude Tests)
Railroad workers under Article 23 (1) as of July 1, 2006 shall be deemed to have received the first physical examination and aptitude test under the same Article, notwithstanding the provisions of the same Article. Article 10 (Transitional Measures concerning Quality Certification of Railroad Supplies)
Any goods designated as quality-guaranteed goods by the head of the National Railroad Administration before this Act enters into force shall be deemed quality certified by the Minister of Construction and Transportation under this Act.
Article 11 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
In applying penalty provisions and administrative fines to any conduct committed before this Act enters into force, the provisions of the previous Railroad Act shall prevail. Article 12 Omitted.
Article 13 (Relationship to Other Statutes or Regulations)
Where other statutes or regulations cited the previous Railroad Act or any provision of the previous Railroad Act as at the time this Act enters into force, if there is any provision corresponding thereto in this Act, they shall be deemed to have cited this Act or the relevant provisions of this Act.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7692, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 9610, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11193, Jan. 17, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11476, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Medical Institutions for Conducting Physical Examination)
The amended provisions of Article 12 (2) shall begin to apply to a person who receives a physical examination first after this Act enters into force. Article 3 (Transitional Measures concerning Railroad Safety Experts)
A person who has been granted the qualification as a railroad safety expert or has been designated as an institution or organization specializing in railroad safety in accordance with the previous provisions as at the time this Act enters into force shall be deemed as having been granted the qualification under the amended provision of Article 69 (3) or as having been designated as a safety-specialized institution under paragraph (5) of the same Article. Article 4 Omitted.
ADDENDA <Act No. 11591, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force one year and three months after the date of its promulgation.
Articles 2 (Applicability to Completion Inspections of Rolling Stock)
The amended provisions of Article 26-6 shall apply to rolling stock which has been manufactured after obtaining type approval after this Act enters into force. Articles 3 (Applicability to Hearings)
The amended provisions (limited to the suspension of effectiveness) of subparagraph 4 of Article 75 shall apply to the suspension of validity of a driver’s license after this Act enters into force. Articles 4 (Transitional Measures concerning Approval of Safety Management Regulations)
| (1) | Any railroad carrier, etc. that has obtained approval of the safety management regulations and emergency response plan pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have received approval of safety management system under the amended provisions of Article 7 (1): Provided, That he or she shall obtain approval from the Minister of Land, Infrastructure and Transport after satisfying the standards for the safety management system within one year after this Act enters into force. |
| (2) | Where the modification procedures for the safety management regulations and emergency response plan are in progress pursuant to the latter part of Article 7 (1) and the latter part of Article 8 (1), the previous provisions shall apply. |
Article 5 (Transitional Measures concerning Safety Standards for Railroad Infrastructure and Rolling Stock)
Any railroad infrastructure or rolling stock which has been installed or manufactured in accordance with the previous safety standards as at the time this Act enters into force shall be deemed to have met the technical standards pursuant to the amended provisions of Articles 25 (1) and 26 (3). Article 6 (Transitional Measures concerning Performance Tests and Manufacture Tests of Rolling Stock)
| (1) | Any rolling stock (including rolling stock which has passed its test in accordance with paragraph (2) of this Article) which has passed a performance test and manufacture test pursuant to the previous provisions of Articles 35 and 36 as at the time this Act enters into force shall be deemed to have received type approval and a completion inspection pursuant to the amended provisions of Articles 26 (1) and 26-6. |
| (2) | Where the performance test and manufacture test of rolling stock pursuant to the previous provisions of Articles 35 and 36 as at the time this Act enters into force are in progress, the previous provisions shall apply. |
| (3) | A person who is manufacturing rolling stock which has passed a performance test and manufacture test pursuant to the previous provisions of Articles 35 and 36 as at the time this Act enters into force shall be deemed to have obtained approval as a manufacturer of rolling stock pursuant to the amended provisions of Article 26-3 (1): Provided, That he or she shall obtain approval as a manufacturer of rolling stock meeting the standards for quality control systems of rolling stock within one year after this Act enters into force. |
Article 7 (Transitional Measures concerning Quality Certification of Railroad Supplies)
| (1) | Railroad supplies (including railroad supplies whose quality has been certified in accordance with paragraph (2) of this Article) which have obtained a quality certification pursuant to the previous provisions of Articles 27 and 28 as at the time this Act enters into force shall be deemed to have obtained type approval for railroad supplies pursuant to the amended provisions of Article 27 (1). |
| (2) | Where the procedures for quality certification for railroad supplies pursuant to the previous provisions of Articles 27 and 28 are in progress as at the time this Act enters into force, the previous provisions shall apply. |
| (3) | The mark of quality certification indicated in railroad supplies pursuant to the previous provisions of Article 27 (2) as at the time this Act enters into force shall be deemed a mark of type approval pursuant to the amended provisions of Article 27-2 (3) during a period prescribed by Presidential Decree for each type of railroad supplies after this Act enters into force. |
| (4) | A manufacturer of railroad supplies (including the case of having succeeded to the status of a manufacturer of railroad supplies under Article 9 of the Addenda) who has obtained the quality certification pursuant to the previous provisions as at the time this Act enters into force shall be deemed to have obtained approval as a manufacturer of rolling stock pursuant to the amended provisions of Article 27-2 (1): Provided, That he or she shall obtain approval as a manufacturer of railroad supplies meeting the standards for quality control system of rolling stock within one year after this Act enters into force. |
Article 8 (Transitional Measures concerning Grounds for Disqualification)
| (1) | The amended provisions of Article 26-4 (including cases applied mutatis mutandis in the amended provisions of Article 27-2 (4)) shall not apply to a person deemed to have obtained approval as a manufacturer of rolling stock and railroad supplies in accordance with the main sentence of Article 6 (3) of the Addenda and the main sentence of Article 7 (4) of the Addenda for three years after this Act enters into force. |
| (2) | Persons under adult guardianship pursuant to the amended provisions of subparagraph 1 of Article 26-4 (including cases applied mutatis mutandis in the amended provisions of Article 27-2 (4)) shall be deemed to include a person declared incompetent or quasi-incompetent under Article 2 (2) of the Addenda to the Civil Act (Act No. 10429). |
Article 9 (Transitional Measures concerning Succession)
Where procedures for succession to the status of a person who manufactures railroad supplies whose quality has been certified pursuant to the previous provisions of Article 29 are in progress as at the time this Act enters into force, the previous provisions shall apply: Provided, that Article 26-5 (3) shall apply to a person who has succeeded to the status. Article 10 (Transitional Measures concerning Follow-Up Management of Quality Certification)
| (1) | Where measures for follow-up management of quality certification pursuant to the previous provisions of Article 31 are in progress as at the time this Act enters into force, the previous provisions shall apply. |
| (2) | Where procedures for removal, suspension, suspension of sale, etc. regarding the mark of railroad supplies whose quality has been certified pursuant to the previous provisions are in progress as at the time this Act enters into force, the procedures under the amended provisions of Article 32 (1) shall be deemed to be in progress. In such cases, the amended provisions of Article 32 (2) through (4) shall not apply. |
| (3) | Where procedures for revocation or hearing of the quality certification regarding railroad supplies whose quality has been certified are in progress pursuant to the previous provisions of Article 33 and subparagraph 5 of Article 75 as at the time this Act enters into force, the previous provisions shall apply. |
Article 11 (Transitional Measures concerning Service Life of Rolling Stock)
With respect to the durability life of rolling stock operating as at the time this Act enters into force, the previous provisions of Article 37 shall apply until approval of its safety management system is obtained pursuant to the proviso to Article 4 (1) of the Addenda. Article 12 (Transitional Measures concerning Testing and Commissioning)
Where procedures for testing and commissioning are in progress pursuant to the previous provisions of Article 38 as at the time this Act enters into force, the previous provisions shall apply. Article 13 (Transitional Measures concerning Operation of Rolling Stock)
The standards, procedures, etc. necessary for the safe operation of rolling stock which have been implemented pursuant to the previous provisions as at the time this Act enters into force shall be deemed to be the railroad traffic control pursuant to the amended provisions of Article 39-2 (1). Article 14 (Transitional Measures concerning Fees)
Where procedures for the performance test, manufacture test, quality certification, and precise diagnosis pursuant to Articles 6 (2), 7 (2), and 11 of the Addenda are in progress as at the time this Act enters into force, fees associated with the relevant procedures shall be governed by the previous provisions, notwithstanding the amended provisions of Article 74 (1). Article 15 (Transitional Measures concerning Penalty Provisions)
In applying the penalty provisions (including administrative fines) to offences committed prior to the enforcement of this Act, the previous provisions shall prevail.
Article 16 Omitted.
Article 17 (Transitional Measures concerning Amendment of Other Statutes)
| (1) | An urban railroad carrier under subparagraph 7 of Article 3 of the Urban Railroad Act as at the time this Act enters into force shall be deemed to have obtained approval of safety management system pursuant to the amended provisions of Article 7 (1): Provided, that he or she shall obtain approval from the Minister of Land, Infrastructure and Transport after meeting the standards for safety management system within one year after this Act enters into force. |
| (3) | A person who is manufacturing or assembling an urban rolling stock pursuant to Article 22 (1) of the previous Urban Railroad Act as at the time this Act enters into force shall be deemed to have obtained approval as a manufacturer of rolling stock pursuant to the amended provisions of Article 26-3 (1): Provided, that he or she shall obtain approval from the Minister of Land, Infrastructure and Transport after satisfying the standards for the quality control system of rolling stock within one year after this Act enters into force. |
| (4) | Any railroad infrastructure or rolling stock which has been installed and manufactured pursuant to Article 22-2 of the previous Urban Railroad Act as at the time this Act enters into force shall be deemed to have been installed and manufactured by satisfying the technical standards pursuant to the amended provisions of Articles 25 (1) and 26 (3). |
| (5) | Urban rolling stock which has passed the performance test pursuant to Article 22-3 (1) of the previous Urban Railroad Act as at the time this Act enters into force shall be deemed to have obtained type approval and received a completion test pursuant to the amended provisions of Articles 26 (1) and 26-6. |
| (6) | A manufacturer of urban railroad supplies who has received a quality certification pursuant to Article 22-4 (1) of the previous Urban Railroad Act as at the time this Act enters into force shall be deemed to have obtained approval as a manufacturer of rolling stock pursuant to the amended provisions of Article 27-2 (1): Provided, that he or she shall obtain approval from the Minister of Land, Infrastructure and Transport by satisfying the standards for the quality control system of railroad supplies within one year after this Act enters into force. |
| (7) | Urban railroad supplies which have received quality certification pursuant to Article 22-4 (1) of the previous Urban Railroad Act as at the time this Act enters into force shall be deemed to have received type approval pursuant to the amended provisions of Article 27 (1). In such cases, the effective period of the relevant type approval shall be governed by the previous provisions. |
| (8) | Where procedures for the performance test under Article 22-3, the quality certification under Article 22-4, and the thorough examination under Article 22-5 of the previous Urban Railroad Act are in progress as at the time this Act enters into force, the previous provisions shall apply, notwithstanding the relevant amended provisions. In such cases, fees shall be governed by Article 23-2 (1) of the previous Urban Railroad Act. |
| (9) | With respect to the durability life for use of the urban rolling stock as at the time this Act enters into force, Article 22-5 of the previous Urban Railroad Act shall apply until the safety management system is approved in accordance with the proviso to paragraph (1). |
| (10) | In applying penalty provisions to violations of the previous Urban Railroad Act before the enforcement of this Act, the previous provisions shall prevail. |
Article 18 (Relationship to Other Statutes or Regulations)
Where any provision of the previous Railroad Safety Act is cited or applied mutatis mutandis in other statutes or regulations as at the time this Act enters into force, the corresponding provisions, if any, of this Act shall be deemed to have been cited or been applied mutatis mutandis in lieu of the previous provisions.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 12024, Aug. 6, 2013>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 12216, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 12648, May 21, 2014>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of subparagraph 1 of Article 11 and Article 41 shall enter into force on the date of the promulgation.
ADDENDUM <Act No. 12992, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13436, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force two years after the date of its promulgation: Provided, That the amended provisions of Articles 20 (1) 7 and 73 (1) and (2), subparagraph 2-2 of Article 76, and Article 81 (2), (4), and (5) shall enter into force on the date of its promulgation; and the amended provisions of subparagraph 10 of Article 2 and Articles 20 (1) 5-2, 40-2, 60 (1), 78 (2) 3-2, and 79 (2) shall enter into force one year after the date of the promulgation. Article 2 (Applicability to Grounds for Disqualification from Obtaining Certification of Qualification as Traffic Controllers)
The amended provisions of Article 21-4 shall also apply to those who have completed professional education and training programs prescribed in the previous provisions of Article 22 (1) as at the time this Act enters into force. Article 3 (Transitional Measures concerning Certification of Qualification as Traffic Controllers)
| (1) | A person who has passed the physical examination or aptitude test pursuant to the previous provisions of Article 22 (1) as at the time this Act enters into force shall be deemed to have passed the physical examination referred to in the amended provisions of Article 21-5 (1) or the traffic controller aptitude test referred to in the amended provisions of Article 21-6 (1), respectively. |
| (2) | A person who has completed professional education and training programs prescribed in the previous provisions of Article 22 (1) as at the time this Act enters into force shall be deemed to have acquired certification of qualification as a traffic controller under the amended provisions of Article 21-3. |
| (3) | A person who has completed on-the-job training and education pursuant to the previous provisions of Article 22 (1) as at the time this Act enters into force shall be deemed to have completed the on-the-job training on traffic control prescribed in the amended provisions of Article 22. |
| (4) | With respect to a person undergoing professional education and training programs or on-the-job training and education pursuant to the previous provisions of Article 22 (1) as at the time this Act enters into force, when such person has completed such professional education and training programs or on-the-job training and education, he or she shall be deemed to have completed the traffic control education and training prescribed in the amended provisions of Article 21-7 (1) or the on-the-job training on traffic control prescribed in the amended provisions of Article 22, respectively. |
| (5) | Notwithstanding paragraph (2), in cases of a person who has no experience or less than two years of experience in conducting traffic control, among those who have completed professional education and training programs as at the time this Act enters into force, such person shall be deemed to have acquired certification of qualification as a traffic controller pursuant to the same paragraph when he or she passes the examination for certification of qualification as a traffic controller within two years after this Act enters into force: Provided, That a person who has completed the on-the-job training and education pursuant to the previous provisions of Article 22 (1) may be partially exempt from the examination for certification of qualification as a traffic controller, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (6) | Matters regarding the issuance, procedures, etc. for a certificate of qualification as a traffic controller for a person who is deemed to have acquired certification of qualification as a traffic controller under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
Article 4 Omitted.
ADDENDUM <Act No. 13807, Jan. 19, 2016>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 14548, Jan. 17, 2017>
This Act shall enter into force one year after the date of its promulgation.
ADDENDUM <Act No. 14868, Aug. 9, 2017>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraph 3 of Article 11 shall enter into force on the date of the promulgation.
ADDENDA <Act No. 14953, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Remodeling of Rolling Stock)
The amended provisions of Articles 38-2, 38-3 (1) 1, 78 (2) 3-2 and 3-3, and 81 (2) 4 shall begin to apply to the first rolling stock for which approval for remodeling is obtained or a report on remodeling is filed, after this Act enters into force.
ADDENDUM <Act No. 15404, Feb. 21, 2018>
This Act shall enter into force one month after the date of its promulgation.
ADDENDA <Act No. 15460, Mar. 13, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 15683, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of subparagraphs 13 and 14 of Article 2; Articles 24-2 through 24-5, 31 (4) through (6), and 38-5 through 38-14; subparagraphs 1 and 2 of Article 72; Article 73 (1) 3, 4-2, and 5-2; Article 74 (1); subparagraphs 2, 4-3, 7, and 8 of Article 75; subparagraphs 2-2 and 2-3 of Article 76; Article 78 (3) 3, 4, and 13-2 through 13-6 and (4) 2-3, 5-2, 6-2, and 7-2; Article 81 (1) 9-2 through 9-5, and (2) 5; and Article 6 of the Addenda shall enter into force one year after the date of the promulgation. Article 2 (Applicability to Post-Management of Type Approval)
The amended provisions of Article 31 (4) through (6) shall begin to apply to the first contract for the purchase of rolling stock ordered after this Act enters into force. Article 3 (Applicability to Precise Safety Diagnosis)
The precise safety diagnosis under the amended provisions of Article 38-12 shall begin to apply to the first precise safety diagnosis for which a contract is concluded after this Act enters into force. Article 4 (Transitional Measures concerning Rolling Stock Maintenance Technicians)
A person who meets the requirements prescribed by Presidential Decree, such as rolling stock maintenance experience or completion of education related to rolling stock maintenance, as at the time this Act enters into force, shall be deemed recognized as a rolling stock maintenance technician under the amended provisions of Article 24-2. In such cases, a person deemed recognized as a rolling stock maintenance technician shall apply for the recognition of a rolling stock maintenance technician to the Minister of Land, Infrastructure and Transport upon meeting the criteria for recognizing rolling stock maintenance technicians under the amended provisions of Article 24-2 (2), within one year after this Act enters into force. Article 5 (Transitional Measures concerning Certification of Rolling Stock Maintenance Organizations)
A person engaging in rolling stock maintenance, as at the time this Act enters into force, shall be deemed certified as a maintenance organization under the amended provisions of Article 38-7. In such cases, a person deemed certified as a maintenance organization shall apply for the certification of a rolling stock maintenance organization to the Minister of Land, Infrastructure and Transport upon meeting the standards for certifying maintenance organizations, within one year after this Act enters into force. Article 6 Omitted.
ADDENDUM <Act No. 15740, Aug. 14, 2018>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 16395, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Performance Certification of Security Search Equipment)
| (1) | Equipment used for security search under the previous provisions as at the time this Act enters into force shall be deemed to have obtained performance certification of security search equipment under the amended provisions of Article 48-3. |
| (2) | Notwithstanding the amended provisions of Article 48-3 (1), security search equipment for which performance certification has been granted by an authorized certification institution in its manufacturing country, etc. may be used until certification is granted to at least two types of equipment, manufactured by different manufacturers, for each type of security search equipment, which is being produced after performance certification has been granted by the Minister of Land, Infrastructure and Transport. |
Article 3 (Transitional Measures concerning Railroad Operational Safety Managers)
A person granted the qualification of a railroad operational safety manager for meeting the requirement of at least two years' experience in traffic control among persons granted such qualification, as at the time this Act enters into force, shall undergo regular training under Article 69-3 (1) within one year after this Act enters into force.