CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters concerning railroad construction and railroad facilities management to promptly expand railroad networks and systematically manage railroad facilities, thereby ensuring public safety and contributing to promoting the welfare of the people.
[This Article Wholly Amended on Mar. 13, 2018]
The terms used in this Act are defined as follows: Provided, That except for those specifically provided for in this Act, definitions included in the Framework Act on Railroad Industry Development shall be as follows: <Amended on Apr. 15, 2010; Mar. 23, 2013; Aug. 11, 2015; Mar. 13, 2018> | 1. | The term "railroad" means a transportation system in which railroad facilities necessary for transporting passengers and freight, rolling stock and an operation and supporting system relevant thereto are comprised organically; |
| 2. | The term "high-speed rail" means a railroad train which runs at a speed of at least 200 kilometers per hour on major sections and the route of which is designated and publicly notified by the Minister of Land, Infrastructure and Transport; |
| 3. | The term "wide-area railroad" means a railroad under subparagraph 2 (b) of Article 2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 4. | The term "general railroad" means railroads other than high-speed rails and urban railroads under the Urban Railroad Act; |
| 5. | The term "railroad network" means a railroad transportation network built systematically in order for railroad facilities to function in an interactive manner; |
| 6. | The term "railroad facilities" means any of the following facilities: |
| (a) | Railroad tracks (including facilities ancillary thereto), station facilities (including distribution facilities, transfer facilities and sales facilities, business facilities, neighboring residential facilities, accommodation facilities, cultural and assembly facilities located in the same building as a station building) and buildings and building facilities necessary for operation of railroads; |
| (b) | Track repair bases to repair tracks, rolling stock maintenance depots to maintain rolling stock and rolling stock storage facilities; |
| (c) | Power facilities, information and communication facilities, signaling and train control facilities for railroads; |
| (d) | Facilities necessary for operations in connection with other railroad routes or for inter-modal operations with other means of transportation; |
| (e) | Facilities for development, tests and researches of railroad technology; |
| (f) | Facilities for training on railroad management and eduction of railroad experts; |
| (g) | Other facilities determined by Presidential Decree, necessary for construction, maintenance and operation of railroads; |
| 7. | The term "railroad construction project" means any of the following projects, intended for construction of a new railroad, straightening, electrifying and double-tracking of existing railroad lines, construction of railroad depots, new installation, refurbishment, etc. of facilities in railroad stations: |
| (a) | Construction projects of facilities under each item of subparagraph 6; |
| (b) | Any project to form foundations for living convenience facilities, including residential facilities, for those who have lost their residence due to construction projects under each item of subparagraph 6; |
| (c) | Construction projects of public facilities, military facilities or public buildings (railroad facilities shall be excluded) installed pursuant to Article 15 (1); |
| 9. | The term “periodic inspection” means routine activities by which a person with experience and skills investigates the safety and performance of railroad facilities using the naked eye, inspection apparatuses, etc. to manage railroad facilities; |
| 10. | The term “emergency inspection” means activities performed to promptly discover physical or functional defects of railroad facilities, where an accident or disaster is likely to occur due to the collapse, fall, disruptions, etc. of such facilities; |
| 11. | The term “precision diagnosis” means the activities of investigating, measuring, and evaluating the physical safety of railroad facilities, cause for performance deterioration thereof, etc. and thereby suggesting repair, reinforcement, or any other method, to discover physical or functional defects of such facilities and take prompt and appropriate measures against such defects; |
| 12. | The term “performance evaluation” means comprehensively evaluating the performance of railroad facilities, such as the safety, durability, and usability thereof, that are required to maintain the safety and functions of such facilities; |
| 13. | The term “management” means routinely inspecting and maintaining railroad facilities, recovering damaged parts, and performing activities necessary for repair, reinforcement, etc. of railroad facilities that are required as time elapses, to preserve the functions of such facilities and enhance the convenience and safety of railroad facility users. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 3 (Relationship with other Acts) |
Unless otherwise specifically provided by other Acts, provisions prescribed by this Act shall govern construction of railroads (excluding exclusive railroads defined in subparagraph 5 of Article 2 of the Railroad Service Act; hereafter the same shall apply) and management of railroad facilities. <Amended on Mar. 13, 2018> [This Article Wholly Amended on Mar. 25, 2009]
CHAPTER II CONSTRUCTION OF RAILROADS
SECTION 1 Construction Plans for National Railroad Networks
| Article 4 (Formulation and Change of Construction Plans for National Railroad Networks) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement a construction plan for national railroad networks (hereinafter referred to as "railroad network plan") in the unit of 10 year so as to build efficient railroad network of the nation. <Amended on Mar. 23, 2013> |
| (2) | Railroad network plans shall be formulated to be in harmony with all the following plans: <Amended on Jun. 9, 2009> |
| 3. | Master plans for metropolitan transport in metropolitan areas under Article 3 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 4. | Implementation plans for metropolitan transport in metropolitan areas under Article 3-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to formulate a railroad network plan, he/she shall undergo deliberation by the Railroad Industry Committee (hereinafter referred to as the "Committee") under Article 6 of the Framework Act on the Railroad Industry Development after consulting with heads of the relevant central administrative agencies and the relevant Mayor/Do Governor: Provided, That this shall not apply where minor matters prescribed by Presidential Decree are changed. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall review whether railroad network plans are feasible every five years from the date such plans are formulated and shall change them, where necessary. <Amended on Mar. 23, 2013> |
| (5) | Where the Minister of Land, Infrastructure and Transport formulates or changes railroad network plans, he/she shall publicly notify them as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 5 (Details of Railroad Network Plans) |
| (1) | Railroad network plans shall include each of following matters: <Amended on Mar. 23, 2013> |
| 1. | Mid- to long-term construction plans for railroad; |
| 2. | Building of transportation system linked with other means of transportation; |
| 3. | Methods of raising necessary financial resources; |
| 4. | Methods of constructing environment-friendly railroads; |
| 5. | Other matters deemed necessary for systematic construction projects of railroads by the Minister of Land, Infrastructure and Transport. |
| (2) | Railroad network plans under paragraph (1) shall reflect a wide-area railroad plan (urban railroads under the Urban Railroad Act shall be excluded) included in a master plan for metropolitan transport in metropolitan areas and an implementation plan for metropolitan transport in metropolitan areas respectively formulated pursuant to Articles 3 and 3-2 of the Special Act on the Management of Intercity in Metropolitan Areas. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 6 (Deliberation on Matters concerning Railroad Construction) |
Any of the following matters pertaining to railroad construction shall undergo deliberation by the Committee: <Amended on Mar. 23, 2013>
| 1. | Formulation and change of railroad network plans; |
| 2. | Approval for implementation plans which include matters specified in Article 11 (1) 15 (only applicable to where subject matters for deliberation by the Building Committee under Article 4 of the Building Act shall be included) or subparagraph 16 of the same paragraph; |
| 3. | Other matters concerning railroad construction, referred for deliberation by the Minister of Land, Infrastructure and Transport. |
[This Article Wholly Amended on Mar. 25, 2009]
SECTION 2 System for Construction of Railroads
| Article 7 (Formulation of Masters Plans for Railroad Construction Projects) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a master plan for railroad construction (hereinafter referred to as "master plan") to conduct railroad construction projects systematically: Provided, That this shall not apply to railroad construction projects, such as small-scale railroad construction projects, etc, which are determined by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Master plans shall include each of following matters: |
| 1. | Demand forecast for future railroad transportation; |
| 2. | Evaluation on economic viability and feasibility of railroad construction and other relevant matters; |
| 3. | Layout planning of schematic routes, depots, etc.; |
| 4. | Details of construction, construction duration, project operators; |
| 5. | Approximate construction costs, resource supply plans; |
| 6. | Annual construction implementation plans; |
| 7. | Matters concerning preservation and management of environment; |
| 8. | Measures against earthquakes; |
| 9. | Other matters determined by Presidential Decree. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to formulate a master plan, he/she shall, in advance, consult on it with heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor (hereinafter referred to as the "Mayor/Do Governor"): Provided, That a master plan for construction of high-speed rails shall be referred to the Committee for deliberation after consultation. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport formulates a mater plan, he/she shall publicly notify it, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (5) | Paragraphs (3) and (4) shall apply mutatis mutandis where the mater plan formulated is subject to change: Provided, That this shall not apply where minor matters prescribed by Presidential Decree are changed. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 8 (Operators of Railroad Construction Projects) |
| (2) | Where the Minister of Land, Infrastructure and Transport deems it necessary to execute railroad construction projects efficiently, he/she may have public agencies under Article 4 of the Act on the Management of Public Institutions other than persons designated in paragraph (1) execute such projects fully or partially as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 9 (Approval for Implementation Plans for Each Railroad Construction Project) |
| (1) | Any person executing a railroad construction project (hereinafter referred to as "project operator") under Article 8 shall prepare an implementation plan for the railroad construction project (hereinafter referred to as "implementation plan") which includes the scale, details of a project, a project zone, project duration and other matters determined by Presidential Decree and shall obtain approval therefor from the Minister of Land, Infrastructure and Transport. In such cases, the project operator may prepare implementation plans respectively for each section or each facility within the extent of a master plan where deemed necessary for efficient execution of railroad construction projects. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to approve an implementation plan which includes matters specified in Article 11 (1) 15 (only applicable to where subject matters for deliberation by the Building Committee under Article 4 of the Building Act shall be included) or subparagraph 16 of the same paragraph, he/she shall undergo prior deliberation by the Committee. <Amended on Mar. 23, 2013> |
| (3) | Where any implementation plan the Minister of Land, Infrastructure and Transport intends to approve includes matters concerning attribution, transfer and concession of public facilities under Article 15 (3), he/she shall, in advance, obtain consent from the head of a local government or the managing authority of the relevant public facilities. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport approves an implementation plan under paragraph (1), he/she shall publicly notify them as prescribed by Presidential Decree and forward copies of relevant documents to the head of relevant local governments. <Amended on Mar. 23, 2013> |
| (5) | Where the Minister of Land, Infrastructure and Transport approves the implementation plan requiring expropriation or use of land, etc. under Article 12 (1), he/she shall inform a land owner and a person who holds a right to such land, etc. of such fact: Provided, That this shall not apply where a project operator has consulted with the land owner and the person who holds a right to land, etc. beforehand when the former applies for approval for the implementation plan. <Amended on Mar. 23, 2013> |
| (6) | Where an implementation plan is publicly notified, a project operator shall make the implementation plan and relevant drawings available for the perusal of interested persons. |
| (7) | The head of a local government who has received copies of relevant documents under paragraph (4) shall take necessary measures, such as application for approval for and public notice of topographic maps under Article 32 of the National Land Planning and Utilization Act where relevant documents include matters determined as urban, gun management planning. In such cases, the project operator shall submit documents necessary for public notice, etc. of topographic maps to the head of a local government. <Amended on Apr. 14, 2011> |
| (8) | Where a project operator changes matters determined by Presidential Decree among the implementation plan approved under paragraph (1), he/she shall obtain approval from the Minister of Land, Infrastructure and Transport. In such cases, paragraphs (1) through (7) shall apply mutatis mutandis. <Amended on Mar. 23, 2013> |
| (9) | Where a project operator fails to commence a project under the implementation plan within five years from the date of public notice under paragraph (4), the approval for the implementation plan becomes invalid. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 10 (Access to Land) |
| (1) | Any project operator may conduct any of the following activities where necessary for investigation and surveying to prepare for an implementation plan or for execution of railroad construction projects: |
| 1. | Access to other person's land; |
| 2. | Temporary use of other person's land as a storage for materials, passageway or temporary roads; |
| 3. | Change or removal of tress, earth, stone or other obstacles; |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 11 (Legal Fiction of Authorization and Permission under other Acts) |
| (1) | Where the Minister of Land, Infrastructure and Transport approves an implementation plan under Article 9 (1), any consultation, approval, permission, authorization, consent, revocation, decision, reporting, designation, a license, deliberation, disposal, etc. (hereinafter referred to as "authorization, permission, etc.") falling under the following subparagraphs shall be deemed made or obtained. Where approval for an implementation plan is publicly notified pursuant to Article 9 (4), public notice or announcement of authorization, permission, etc. under relevant Act shall be deemed made: <Amended on Jun. 9, 2009; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Mar. 23, 2013; May 22, 2013; Jan. 14, 2014; Jan. 17, 2017; Dec. 26, 2017> |
| 4. | Deleted; <Apr. 15, 2010> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to approve an implementation plan which includes matters falling under any of the subparagraphs of paragraph (1), he/she shall consult with the head of the relevant administrative agency, in advance by preparing for relevant documents submitted by a project operator. <Amended on Mar. 23, 2013; Apr. 5, 2013> |
| (3) | The head of the relevant administrative agency in receipt of a request for consultation under paragraph (2) shall present his/her opinion to the Minister of Land, Infrastructure and Transport within 30 days from the date he/she is requested for consultation. In such cases, if no opinion is presented within the relevant period, it shall be deemed that an agreement has been reached through consultation. <Newly Inserted on Apr. 5, 2013; May 21, 2014> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 12 (Expropriation and Use) |
| (3) | A land expropriation committee governing rulings concerning expropriation and use of land, etc. under paragraph (1) shall be the Central Land Expropriation Committee. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 12-2 (Compensation for Use of Underground Part of Land) |
| (1) | Where a project operator intends to use any underground part of another person's land to construct a railroad, he/she shall make compensation therefor in consideration of the usefulness of the land, the depth below the ground surface, the degree of impediment to the land utilization, etc. |
| (2) | Matters necessary for the objects to be compensated for use of underground part, standards and methods for compensation, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 12-3 (Registration of Creation of Partitioned Surface Right) |
| (3) | Matters necessary for the procedures for registration of the partitioned surface right for use of the underground part of land shall be prescribed by the Supreme Court Regulations. |
| (4) | Notwithstanding Article 280 or 281 of the Civil Act, the duration of the partitioned surface right under paragraphs (1) and (2) shall be until the date railroad facilities exist. |
[This Article Newly Inserted on Apr. 5, 2013]
| Article 13 (Lending of State and Public Property) |
| (1) | No land owned by the State or a local government while located in a project zone included in an implementation plan and necessary for railroad construction projects shall be sold or transferred for purposes other than railroad construction projects. |
| (2) | Land owned by the State or a local government while located in a project zone included in an implementation plan may be lent or sold to a project operator through a private contract notwithstanding provisions of the State Property Act or the Public Property and Commodity Management Act. In such cases, the Minister of Land, Infrastructure and Transport shall consult in advance with the head of the relevant central administrative agency and the head of the local governing about lending or sale of such property. <Amended on Mar. 23, 2013> |
| (3) | The head of the relevant administrative agency, upon receipt of a request for consultation under the latter part of paragraph (2), shall abolish use, conduct sale or take other necessary measures within 90 days from the date of receiving such request. |
| (4) | State property, the managing authority of which is unknown among any property intended for sale to a project operator under paragraph (2), shall be managed and disposed of by the Minister of Strategy and Finance notwithstanding the provisions of other Acts and subordinate statutes. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 14 (Entrustment of Land Purchase Projects) |
| (1) | Any project operator, other than local governments, may entrust the head of the competent local government or public institutions under the Act on the Management of Public Institutions with land purchase affairs, loss compensation affairs, relocation planning affairs, etc. for railroad construction projects as prescribed by Presidential Decree. |
| (2) | Entrustment commission, etc. required when entrusting land purchase affairs, loss compensation affairs, relocation planning affairs, etc. under paragraph (1), shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 15 (Installation of Substitute Public Facilities, etc.) |
| (1) | Where public facilities, military facilities or public buildings (railroad facilities shall be excluded; hereafter referred to as "public facilities, etc." in this Article) prescribed by Presidential Decree exist in the land to be incorporated into railroad construction projects, the Minister of Land, Infrastructure and Transport may have a project operator install public facilities, etc. substituting for existing public facilities, etc. (hereafter referred to as "substitute public facilities, etc." in this Article) by receiving application by a managing authority or an owner thereof. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport allows a project operator to install substitute public facilities, etc. under paragraph (1), he/she shall describe such fact clearly when granting approval for an implementation plan as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| 1. | Existing public facilities, etc.: Gratuitously reverted to a project operator; |
| 2. | Substitute public facilities, etc.: Gratuitously reverted to the State, a local government or the owner of existing public facilities, etc.; |
| 3. | Public facilities newly installed: Gratuitously reverted or transferred to a managing authority to manage the facilities in question or gratuitously conceded to a local government to manage the facilities in question. |
| (4) | When registering substitute public facilities, etc. under paragraph (3), documents evidencing grounds for registration under the Registration of Real Estate Act may be replaced by a written authorization for an implementation plan or a modified written authorization and a written confirmation on completion. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 16 (Completion Confirmation) |
| (1) | Any project operator shall, when finishing construction work for railroad construction projects, submit a construction completion report to the Minister of Land, Infrastructure and Transport and shall undergo completion confirmation. In such cases, the Minister of Land, Infrastructure and Transport who has received an application for completion confirmation may request for inspections required for completion confirmation to the head of any agency determined by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Upon receiving an application for completion confirmation under paragraph (1), the Minister of Land, Infrastructure and Transport shall publicly notify them if construction at issue is deemed to be executed according to the details approved after conducting completion confirmation. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport makes a public notice under paragraph (2), completion inspection, completion authorization, etc. of the relevant project shall be deemed conducted or obtained with respect to authorization, permission, etc. under each of subparagraphs of Article 11 (1). <Amended on Mar. 23, 2013> |
| (4) | No project operator shall use land formed and facilities installed as a result of railroad construction projects before public notice of completion is made under paragraph (2): Provided, That this shall not apply where permission for use before completion, is obtained from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (5) | A project operator may apply for completion confirmation by classifying a railroad construction project into each section or each facility within the extent of an implementation plan where deemed necessary for efficient execution of such railroad construction project. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 17 (Reversion of Facilities) |
| (1) | The land formed and facilities installed through railroad construction projects shall revert to the State as soon as such projects are completed: Provided, That the same shall not apply to land and facilities prescribed by Presidential Decree. |
| (2) | The Minister of Land, Infrastructure and Transport may have a project operator of high-speed rail facilities reverted to the State under paragraph (1) use such facilities gratuitously or make profits with the extent of the total project cost he/she has invested, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (4) | The method of calculating the total project cost and the duration for gratuitous use and profit-making under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 18 (Special Cases for Promotion and Quality Improvement of Railroad Construction Projects) |
| 1. | Where special technology or special equipments acknowledged by the Minister of Land, Infrastructure and Transport through deliberation by the Committee are used; |
| 2. | Where the Minister of Land, Infrastructure and Transport acknowledges, through deliberation by the Committee, that structures and shapes of high-speed rail facilities are equivalent to or higher than the standards concerning fire-fighting, disaster-prevention, fire-proofing, evacuation, etc. under the relevant Acts and subordinate statutes. |
| (2) | For construction works for railroad facilities having diverse functions and characteristics, such as station facilities, a project operator may place orders separately for architectural, railroad, electrical, signal, and information and communication works: Provided, That, where it is difficult for a project operator to place orders separately considering the nature of works or technical management and it is prescribed by Presidential Decree, the project operator may place an order by integrating such works. <Amended on Aug. 6, 2013> |
| (3) | A project operator may newly install, extend or relocate facilities, which are production facilities of various construction materials used for railroad construction projects and deemed directly necessary for railroad construction projects by the Minister of Land, Infrastructure and Transport, in or to a project zone included in an implementation plan designated by the Minister of Land, Infrastructure and Transport or its neighboring area notwithstanding the provisions of Article 20 of the Industrial Cluster Development and Factory Establishment Act. In such cases, production facilities of construction materials are only applicable to those installed for the purpose of construction works during a construction period. <Amended on Mar. 23, 2013; Aug. 6, 2013> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 19 (Technical Standards for Railroad Facilities) |
| (1) | An operator of a railroad construction project shall install railroad facilities in compliance with the technical standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Mar. 13, 2018> |
| (2) | A railroad facility manager shall manage railroad facilities in compliance with the technical standards referred to in paragraph (1), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Mar. 13, 2018> |
| (3) | Where any railroad is newly constructed or renovated, the compatibility and safety of railroad facilities shall be ensured so that rolling stock can be operated between interconnected railroad routes, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Mar. 13, 2018> |
[This Article Wholly Amended on Mar. 25, 2009]
SECTION 3 Cost-Bearing for Railroad Construction
| Article 20 (Principle of Cost-Bearing) |
| (1) | Except for those specifically provided for in this Act or other Acts, costs for railroad construction shall be born by the National Treasury in cases of general railroads and shared by the National Treasury and a project operator in cases of high-speed rails. |
| (2) | The sharing rate of costs for construction of high-speed rails between the National Treasury and a project operator under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 21 (Cost-Bearing by Beneficiaries and Initiators) |
| (1) | Where any person other than the State makes significant profits through railroad construction projects, a project operator may have such person who has made profits therefrom (hereinafter referred to as "beneficiaries") share, fully or partially the costs for railroad construction projects by obtaining approval from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Costs born by beneficiaries under paragraph (1) shall be determined through consultations between a project operator and beneficiaries. In such cases, the Committee may mediate upon receiving an application by a project operator or beneficiaries where a consultation has not been held. |
| (3) | Where a railroad construction project is executed upon request by persons other than the State, the cost required shall be born fully or partially by a requester. |
| (4) | Where persons other than the State bear fully or partially the costs for railroad construction projects under paragraph (3), the bearing rate shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 25, 2009]
CHAPTER III DEVELOPMENT OF STATION'S SPHERE OF INFLUENCE
| Articles 22 and 23 Deleted. <Apr. 15, 2010> |
| Article 23-2 (Permission for Occupancy) |
| (1) | The Minister of Land, Infrastructure and Transport may grant occupancy permission by determining kinds, duration, etc. of buildings and other facilities (hereinafter referred to as "facilities") intended to be installed as prescribed by Presidential Decree, notwithstanding Article 24 (3) of the State Property Act in the following cases: <Amended on Jan. 30, 2009; Mar. 25, 2009; Mar. 23, 2013; Nov. 26, 2019> |
| 1. | Where KRNA (including a juristic person in which KRNA invests) or a project operator under the proviso to Article 8 (1) and paragraph (2) of the same Article intends to install facilities in railroad-related national property (excluding operational property referred to in Article 22 (1) 1 of the Framework Act on Railroad Industry Development), such as railroad facilities owned and managed by the State, closed tracks, closed stations (including relevant sites), and unused land, for the purposes of revitalizing railroad facilities and enhancing user convenience; |
| 2. | Deleted. <Apr. 15, 2010> |
[This Article Wholly Amended , Mar. 25, 2009]
CHAPTER IV RAILROAD FACILITIES MANAGEMENT
SECTION 1 Railroad Facilities Management Plans
| Article 24 (Formulation of Master Plans for Railroad Facilities Management) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a master plan for railroad facilities management (hereinafter referred to as “master plan for management”) every five years to ensure the safe management of railroad facilities. |
| (2) | Each master plan for management formulated pursuant to paragraph (1) shall include the following matters: |
| 1. | Basic objectives of, and direction-setting for, railroad facilities management; |
| 2. | Repair, reinforcement, etc. of railroad facilities required to accomplish the objectives of railroad facilities management; |
| 3. | Expenses incurred in railroad facilities management; |
| 4. | Inspections and performance evaluations of railroad facilities; |
| 5. | Securing of human resources and equipment required for railroad facilities management; |
| 6. | Establishment and operation of an information management system for railroad facilities management; |
| 7. | Research and development of technology necessary for railroad facilities management; |
| 8. | Any other matters prescribed by Presidential Decree concerning railroad facilities management. |
| (3) | Where deemed necessary to formulate or amend a master plan for management, the Minister of Land, Infrastructure and Transport may require the heads of relevant central administrative agencies, the heads of local governments, or railroad facility managers to submit relevant data. |
| (4) | Upon formulating or amending a master plan for management, the Minister of Land, Infrastructure and Transport shall publicly notify the plan. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 25 (Formulation of City/Do Railroad Facilities Management Plans) |
| (1) | Notwithstanding Article 24 (1), a Mayor/Do Governor shall formulate and implement a City/Do railroad facilities management plan (hereinafter referred to as “City/Do management plan”) for railroad facilities under his/her jurisdiction every five years. |
| (2) | Where deemed necessary to formulate or amend a City/Do management plan, the Minister of Land, Infrastructure and Transport may require the heads of relevant central administrative agencies, the heads of local governments, or railroad facility managers to submit relevant data. |
| (3) | Upon formulating a City/Do management plan, a Mayor/Do Governor shall submit it to the Minister of Land, Infrastructure and Transport. |
| (4) | Upon receipt of a City/Do management plan under paragraph (3), the Minister of Land, Infrastructure and Transport shall examine whether the plan complies with the relevant master plan for management, etc. and may require the relevant Mayor/Do Governor to modify or supplement the City/Do management plan, if necessary. In such cases, a person in receipt of a request to modify or supplement the plan shall comply therewith, unless a compelling reason exists not to do so. |
| (5) | Upon formulating a City/Do management plan under paragraph (1) or amending it under paragraph (4), a Mayor/Do Governor shall publicly notify it in the official gazette of the relevant City/Do and notify the relevant railroad facility manager thereof. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 26 (Formulation of Action Plans for Railroad Facilities Management) |
| (1) | A railroad facility manager shall formulate and implement an action plan for railroad facilities management (hereinafter referred to as “action plan”) each year for railroad facilities under his/her jurisdiction in accordance with the relevant master plan for management: Provided, That a railroad facility manager of urban railroad facilities defined in subparagraph 3 of Article 2 of the Urban Railroad Act shall formulate and implement an action plan each year in accordance with the relevant master plan for management and City/Do management plan. |
| (2) | Upon formulating an action plan, a railroad facility manager shall submit it to the head of the following relevant administrative agency: |
| 1. | The competent Mayor/Do Governor if a railroad facility manager is either a local government-invested public corporation incorporated under the Local Public Enterprises Act or a corporation that constructs or operates railroad pursuant to the Urban Railroad Act; |
| 2. | The Minister of Land, Infrastructure and Transport if a railroad facility manager is other than the persons specified in subparagraph 1. |
| (3) | A Mayor/Do Governor in receipt of an action plan under paragraph (2) 1 shall submit it to the Minister of Land, Infrastructure and Transport. |
| (4) | Upon receipt of an action plan under paragraph (2) or (3), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall examine whether the action plan complies with the relevant master plan for management or City/Do management plan, etc. and may require the relevant railroad facility manager to modify or supplement the plan, if necessary. In such cases, a person in receipt of a request to modify or supplement the plan shall comply therewith, unless a compelling reason exists not to do so. |
| (5) | Any other matters necessary for formulating and implementing an action plan, such as the period for formulating the action plan and details thereof, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 27 (Life Cycle Management of Railroad Facilities) |
| (1) | Where a railroad facility manager has installed, inspected, maintained, renovated, etc. any railroad facilities under his/her jurisdiction, he/she shall register the history information of railroad facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, with the railroad facilities information management system established pursuant to Article 28 to manage the life cycle of such railroad facilities, and shall preserve such information until the railroad facilities exist. |
| (2) | A railroad facility manager shall formulate and implement an action plan, considering the life cycle cost of railroad facilities under his/her jurisdiction. |
| (3) | A railroad facility manager may analyze the history information of railroad facilities registered with the railroad facilities information management system pursuant to paragraph (1), and utilize the results of such analysis to renew the standards for conducting periodic inspections established pursuant to Article 29 (5). |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 28 (Establishment and Operation of Railroad Facilities Information Management System) |
| (1) | To systematically manage the history information of railroad facilities, such as installation, inspections, maintenance, and renovation, through the entire life cycle of such facilities, a railroad facility manager shall establish and operate a railroad facilities information management system, including the following matters: |
| 1. | An action plan formulated pursuant to Article 26 (1); |
| 2. | History information of railroad facilities referred to in Article 27 (1); |
| 3. | Results of periodic inspections conducted pursuant to Article 29; |
| 4. | Results of emergency inspections conducted pursuant to Article 30; |
| 5. | Results of precision diagnosis conducted pursuant to Article 31; |
| 6. | Matters concerning safety measures taken pursuant to Article 32, such as restrictions on use, prohibition of use, repair, and reinforcement; |
| 7. | Results of performance evaluations conducted pursuant to Article 33; |
| 8. | Any other matters concerning railroad facilities management prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) | Matters necessary for establishing and operating the railroad facilities information management system pursuant to paragraph (1) shall be prescribed by Presidential Decree. |
| (3) | A railroad facility manager shall submit the history information specified in the subparagraphs of paragraph (1) to the Minister of Land, Infrastructure and Transport each year. |
| (4) | The Minister of Land, Infrastructure and Transport shall systematically preserve and manage the history information submitted pursuant to paragraph (3). |
[This Article Newly Inserted on Mar. 13, 2018]
SECTION 2 Inspection and Management System for Railroad Facilities
| Article 29 (Conducting Periodic Inspections) |
| (1) | A railroad facility manager shall conduct a periodic inspection in compliance with the standards for conducting periodic inspections established pursuant to paragraph (5) to maintain the safety and performance of railroad facilities under his/her jurisdiction. |
| (2) | A railroad facility manager shall submit a report on the results of a periodic inspection to the heads of relevant central administrative agencies, as prescribed by Presidential Decree. In such cases, Article 26 (2) and (3) shall apply mutatis mutandis to the procedures for submitting the report on the results of the periodic inspection. |
| (3) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems that a periodic inspection has been poorly conducted as a result of examining and analyzing a report on the results of a periodic inspection submitted pursuant to paragraph (2), he/she may conduct an emergency inspection of relevant railroad facilities, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (4) | The Minister of Land, Infrastructure and Transport shall formulate and publicly notify guidelines on periodic inspections, such as the timing, method, and procedures for conducting periodic inspections, as prescribed by Presidential Decree. |
| (5) | A railroad facility manager shall establish the standards for conducting periodic inspections for each railroad facility under his/her jurisdiction, such as the timing to conduct the inspections, inspection items, and inspection criteria, in compliance with the guidelines on periodic inspections formulated under paragraph (4). |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 30 (Conducting Emergency Inspections) |
| (1) | Where a railroad facility manager deems that an accident, such as the collapse or fall of railroad facilities, is likely to occur, he/she shall conduct an emergency inspection in compliance with the standards for conducting emergency inspections referred to in paragraph (8). |
| (2) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems that the structure of railroad facilities is likely to significantly affect the safe use by the public, he/she may have a public official under his/her jurisdiction conduct an emergency inspection or require the relevant railroad facility manager to conduct an emergency inspection. In such cases, a person in receipt of such request shall comply therewith, unless a compelling reason exists not to do so. |
| (3) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor conducts an emergency inspection pursuant to paragraph (2), he/she may do so jointly with any relevant agencies or experts to enhance the efficiency of the inspection. |
| (4) | A public official who conducts an emergency inspection pursuant to paragraph (2) may ask any relevant person necessary questions or inspect relevant documents, etc. |
| (5) | A public official who conducts an emergency inspection pursuant to paragraph (2) shall carry an identification certificate indicating his/her authority and present it to the relevant person. |
| (6) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor has conducted an emergency inspection pursuant to paragraph (2), he/she shall notify the relevant railroad facility manager of the results of the inspection; and where deemed necessary to ensure the safety of railroad facilities, he/she may issue an order to take necessary measures, such as precision diagnosis, repair, or reinforcement. |
| (7) | Where a railroad facility manager or a Mayor/Do Governor has conducted an emergency inspection pursuant to paragraph (1) or (2), he/she shall submit a report on the results of the inspection to the Minister of Land, Infrastructure and Transport. |
| (8) | The standards, method, and procedures for conducting an emergency inspection as well as other matters necessary for conducting the emergency inspection shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 31 (Conducting Precision Diagnosis) |
| (1) | A railroad facility manager shall conduct a regular precision diagnosis for railroad facilities under his/her jurisdiction, for which at least 10 years have passed since the installation thereof, pursuant to paragraph (5). |
| (2) | Where deemed necessary to prevent a disaster or accident as a result of conducting a periodic inspection under Article 29 or emergency inspection under Article 30, a railroad facility manager shall conduct a precision diagnosis. |
| (3) | A railroad facility manager shall submit a report on the results of a precision diagnosis to the heads of relevant central administrative agencies, as prescribed by Presidential Decree. In such cases, Article 26 (2) and (3) shall apply mutatis mutandis to the procedures for submitting the report on the results of the precision diagnosis. |
| (4) | Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems that a precision diagnosis has been poorly conducted as a result of examining and analyzing a report on the results of the precision diagnosis submitted pursuant to paragraph (3), he/she may conduct an emergency inspection of relevant railroad facilities, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (5) | The timing to conduct a precision diagnosis, qualification of a person eligible to conduct a precision diagnosis, and other matters necessary for conducting a precision diagnosis shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 32 (Safety Measures) |
| (1) | Where any defect prescribed by Presidential Decree or any other defect that seriously affects the safe use by the public is found through a periodic inspection under Article 29, emergency inspection under Article 30, precision inspection under Article 31, etc., a railroad facility manager shall take necessary measures, such as restrictions on use of railroad facilities and prohibition of use thereof, and shall install a sign indicating danger at the relevant railroad facilities. |
| (2) | Where it is deemed necessary to take urgent measures because a defect seriously affects the safe use by the public under paragraph (1), a railroad facility manager shall take necessary measures, such as repair or reinforcement of the relevant railroad facilities, without delay. |
| (3) | Upon taking safety measures pursuant to paragraph (1), a railroad facility manager shall notify the Minister of Land, Infrastructure and Transport and the competent Mayor/Do Governor of such fact. In such cases, a railroad facility manager specified in Article 26 (2) 2 shall notify the Minister of Land, Infrastructure and Transport of such fact. |
| (4) | Where a railroad facility manager fails to take necessary measures referred to in paragraph (2), such as repair or reinforcement of the relevant railroad facilities, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may issue an order to take necessary measures or corrective order. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 33 (Performance Evaluation of Railroad Facilities) |
| (1) | To maintain the performance of railroad facilities, a railroad facility manager shall conduct a performance evaluation of each railroad facility under his/her jurisdiction at every period prescribed by Presidential Decree in compliance with the performance evaluation guidelines referred to in paragraph (6). |
| (2) | Where necessary for the safety and efficient management of railroad facilities, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may conduct a performance evaluation of relevant railroad facilities, as prescribed by Presidential Decree, notwithstanding paragraph (1). |
| (3) | Upon conducting a performance evaluation pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall notify the relevant railroad facility manager of the results of the evaluation, and may issue an order to take necessary measures, such as repair or reinforcement, where deemed necessary for maintaining the performance of railroad facilities. |
| (4) | A railroad facility manager shall determine the performance grade of the relevant railroad facility in compliance with the criteria prescribed by Presidential Decree, based on the results of a performance evaluation thereof conducted under paragraph (1). |
| (5) | A railroad facility manager shall submit a report on the results of a performance evaluation conducted under paragraph (1) to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, Article 26 (2) and (3) shall apply mutatis mutandis to the procedures for submitting the report on the results of the performance evaluation. |
| (6) | The Minister of Land, Infrastructure and Transport shall formulate and publicly notify guidelines on performance evaluation, such as the method and procedures for conducting a performance evaluation, as prescribed by Presidential Decree. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 34 (Evaluation of Safety and Levels of Convenience of Use of Railroad Stations) |
| (1) | To ensure the safety of users of railroad stations and enhance the levels of convenience of use, the Minister of Land, Infrastructure and Transport may evaluate the safety of railroad stations and the levels of convenience of use thereof (hereinafter referred to as “evaluation of railroad stations”) every five years. |
| (2) | The Minister of Land, Infrastructure and Transport may take necessary measures, such as issuing an order to improve facilities against the relevant railroad facility manager, based on the results of evaluation of railroad stations. |
| (3) | Upon receipt of an order to improve railroad station facilities under paragraph (2), a railroad facility manager shall formulate a plan to improve railroad station facilities and submit it to the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor. |
| (4) | Where necessary to establish an efficient railroad station evaluation system, the Minister of Land, Infrastructure and Transport may entrust relevant specialized institutions, etc. prescribed by Presidential Decree to conduct a survey, evaluation, research, etc. on the safety of railroad stations and levels of convenience of use thereof. |
| (5) | In conducting an evaluation, etc. of railroad stations, the Minister of Land, Infrastructure and Transport or a person entrusted with evaluation, etc. pursuant to paragraph (4) may require any railroad facility manager to submit, etc. relevant data or his/her opinion, or may conduct on-site investigations of the safety of railroad stations or levels of convenience of use thereof. |
| (6) | A railroad facility manager in receipt of a request to submit data or his/her opinion under paragraph (5) shall comply with such request, unless a compelling reason exists not to do so. |
| (7) | Matters necessary for the items of evaluation of railroad stations and procedures for conducting such evaluation under paragraph (1) as well as for conducting on-site investigations, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 35 (Repair, Reinforcement, and Replacement of Railroad Facilities) |
To maintain the safety of railroad facilities under his/her jurisdiction, a railroad facility manager shall take necessary measures therefor, such as repair, reinforcement, and replacement, in accordance with the relevant action plan.
[This Article Newly Inserted on Mar. 13, 2018]
| Article 36 (Corrective Order) |
| (1) | Where a railroad facility manager fails to faithfully conduct a periodic inspection, emergency inspection, precision diagnosis, or performance evaluation, in violation of Article 29 (1), 30 (1), 31 (1) or (2), or 33 (1), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may issue a corrective order against such railroad facility manager within a specified period. |
| (2) | A railroad facility manager in receipt of a corrective order under paragraph (1) shall comply therewith, unless a compelling reason exists not to do so. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 37 (Suspension of Business) |
| (1) | The Minister of Land, Infrastructure and Transport may issue an order to suspend business for a given period not exceeding six months, if: |
| 1. | The railroad facility manager fails to conduct a periodic inspection under Article 29 (1), emergency inspection under Article 30 (1), or precision diagnosis under Article 31 (1) or (2); |
| 2. | The railroad facility manager fails to conduct an emergency inspection without just cause, or fails to comply with an order to take necessary measures, in violation of Article 30 (2) or (6); |
| 3. | The railroad facility manager fails to take safety measures, in violation of Article 32 (1); |
| 4. | The railroad facility manager fails to take necessary measures, such as repair or reinforcement, or fails to comply with an order to take necessary measures or corrective order, in violation of Article 32 (2) or (4). |
| (2) | Standards and procedures for suspending business pursuant to paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 38 (Penalty Surcharges) |
| (1) | Where a disposition of suspending business must be taken against a railroad facility manager pursuant to Article 37 (1) and such disposition is likely to cause severe inconvenience to users of railroad services provided by such railroad facility manager or to significantly harm the public interests, the Minister of Land, Infrastructure and Transport may impose and collect a penalty surcharge not exceeding 100 million won in lieu of the disposition of suspending business. |
| (2) | Types of offenses for which a penalty surcharge is imposed pursuant to paragraph (1), the criteria and method for imposing penalty surcharges, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person liable to pay a penalty surcharge pursuant to paragraph (1) fails to pay the penalty surcharge by the payment deadline, the Minister of Land, Infrastructure and Transport shall collect it in the same manner as delinquent national taxes are collected. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 39 (Subsidization for Railroad Facility Managers) |
To ensure the health and safety of the public, the State and local governments may partially subsidize railroad facility managers with expenses incurred in repairing or reinforcing dilapidated railroad facilities and railroad stations, within budgetary limits.
[This Article Newly Inserted on Mar. 13, 2018]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 40 (Reporting and Inspections) |
| (1) | Where necessary for the enforcement of this Act, the Minister of Land, Infrastructure and Transport may order any project operator to make report or to submit data on railroad construction projects and have public officials under his/her control inspect affairs relevant to railroad construction projects by entering a project operator's office, place of business or other necessary places. <Amended on Mar. 23, 2013> |
| (2) | Public officials who inspect affairs relevant to railroad construction projects under paragraph (1) shall carry with them a certificate indicating their authority and produce it to the interested persons. |
| (3) | Matters necessary for a certificate under paragraph (2) shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 25, 2009]
| Article 41 (Fact-Finding Inspections of Railroad Facilities Management) |
| (1) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may conduct a fact-finding inspection on railroad facilities management. |
| (2) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may recommend necessary matters or request rectification to a railroad facility manager, based on the results of a fact-finding inspection conducted under paragraph (1). In such cases, a person in receipt of such request shall comply therewith, unless a compelling reason exists not to do so. |
| (3) | If necessary to conduct a fact-finding inspection pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may require a railroad facility manager to submit relevant data. In such cases, a person in receipt of such request shall comply therewith, unless a compelling reason exists not to do so. |
| (4) | If necessary to enhance the efficiency of fact-finding inspections conducted under paragraph (1), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may conduct joint field investigations with relevant institutions and experts. |
| (5) | If necessary, the Minister of Land, Infrastructure and Transport and a Mayor/Do Governor may publish the results of fact-finding inspections, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Mar. 13, 2018]
| (1) | Where a project operator falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke approval for an implementation plan or order suspension or change of construction work, or rebuilding or change, relocation, etc. of facilities or buildings: <Amended on Mar. 23, 2013> |
| 1. | Where a project operator obtains permission or approval under this Act by false or other unjust means; |
| 2. | Where a project operator violates this Act, or any order or disposition under this Act; |
| 3. | Where a project operator becomes unable to continue to execute a railroad construction project as circumstances change. |
| (2) | Where the Minister of Land, Infrastructure and Transport has made or issued disposition or an order under paragraph (1), he/she shall publicly notify them, as prescribed by Presidential Decree. <Amended , Mar. 23, 2013> |
[This Article Wholly Amended on Mar. 25, 2009]
The Minister of Land, Infrastructure and Transport shall hold a hearing if he/she intends to cancel approval for an implementation plan under Article 42. <Amended on Mar. 23, 2013; Mar. 13, 2018> [This Article Wholly Amended on Mar. 25, 2009]
| Article 44 (Periodic Inspections by Agents) |
A railroad facility manager may request any of the following persons to conduct a periodic inspection under Article 29, emergency inspection under Article 30, precision diagnosis under Article 31, and performance evaluation under Article 33, on his/her behalf: | 4. | Any other person that meets the qualifications prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Mar. 13, 2018]
CHAPTER VI PENALTY PROVISIONS
| Article 45 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding twenty million won: |
| 1. | A person who fails to conduct, or unfaithfully conducts, a periodic inspection under Article 29 (1), emergency inspection under Article 30 (1), or precision diagnosis under Article 31 (1) or (2), thereby causing serious damage to any railroad facilities; |
| 2. | A person who fails to conduct an emergency inspection without just cause or fails to comply with an order to take necessary measures, in violation of Article 30 (2) or (6), thereby causing serious damage to any railroad facilities; |
| 3. | A person who fails to take safety measures, in violation of Article 32 (1), thereby causing serious damage to any railroad facilities; |
| 4. | A person who fails to take necessary measures, such as repair or reinforcement, or fails to comply with an order to take necessary measures or corrective order, in violation of Article 32 (2) or (4), thereby causing serious damage to any railroad facilities. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who fails to take safety measures, in violation of Article 32 (1); |
| 2. | A person who fails to take necessary measures, such as repair or reinforcement, or fails to comply with an order to take necessary measures or corrective order, in violation of Article 32 (2) or (4). |
| (3) | Any of the following persons shall be punished by a fine not exceeding five million won: |
| 1. | A person who refuses, interferes with, or evades an emergency inspection referred to in Article 30 (2); |
| 2. | A person who fails to comply with a corrective order issued under Article 36; |
| 3. | A person who refuses, interferes with, or evades a fact-finding inspection referred to in Article 41 (1); |
| 4. | A person who fails to submit data without just cause, in violation of Article 41 (3), or submits false data. |
| (4) | A person who fails to comply with an order issued under Article 42 shall be punished by a fine not exceeding three million won. |
[This Article Newly Inserted on Mar. 13, 2018]
| Article 46 (Joint Penalty Provisions) |
If a representative of a corporation or an agent, employee or any other person employed by a corporation, or an individual commits any violation falling under the provisions of Article 45 in connection with affairs of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual shall be also punished by a fine under the relevant Articles: Provided, That the same shall not apply to cases where the corporation or the individual has paid due attention to or conscientiously supervised the relevant affairs in order to prevent such violation. <Amended on Mar. 13, 2018> [This Article Wholly Amended on Mar. 25, 2009]
| Article 47 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 20 million won: |
| 1. | A person who fails to conduct an emergency inspection referred to in Article 30 (1); |
| 2. | A person who fails to conduct a precision diagnosis referred to in Article 31 (1) or (2). |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: |
| 1. | A person who fails to formulate an action plan referred to in Article 26 (1) or fails to submit an action plan referred to in Article 26 (2); |
| 2. | A person who fails to preserve the history information of railroad facilities referred to in Article 27 (1); |
| 3. | A person who fails to install a sign indicating danger referred to in Article 32 (1); |
| 4. | A person who fails to give notification referred to in Article 32 (3); |
| 5. | A person who fails to conduct a performance evaluation referred to in Article 33 (1); |
| 6. | A person who fails to comply with an order to improve facilities issued under Article 34 (2). |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: |
| 1. | A person who fails to register the history information of railroad facilities referred to in Article 27 (1) with the railroad facilities information management system referred to in Article 28; |
| 2. | A person who fails to submit a report on the results of an emergency inspection referred to in Article 30 (7); |
| 3. | A person who fails to comply with a request for rectification without just cause, in violation of Article 41 (2). |
| (4) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: |
| 1. | A person who refuses or interferes with any act of a project operator referred to in Article 10 without just cause; |
| 2. | A person who fails to submit a report or data referred to in Article 40 (1); submits a false report or data; or refuses, interferes with, or evades the relevant inspection. |
| (5) | Administrative fines referred to in paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 13, 2018]
ADDENDA <Act No. 7304, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into six months after the date of its promulgation.
Article 2 (Repeal of other Acts)
Article 3 (Applicability concerning Deliberations on Railroad Network Planning by Deliberative Committee)
Deliberations by the Deliberation Committee with regards to the provision of Article 4 (3) shall apply, beginning with a railroad network plan to be drafted after this Act enters into force. Article 4 (Applicability concerning Deliberations on Approval for Implementation Plans by Deliberative Committee)
The provision of Article 9 (2) shall apply, beginning with an implementation plan to be applied for approval after this Act enters into force. Article 5 (General Transitional Measures)
Article 6 (Transitional Measures concerning Legal Fiction Provisions)
Article 7 (Transitional Measures concerning Plans)
Article 8 (Transitional Measures concerning Penal Provisions, etc.)
Article 9 (Relationships with other Acts)
Article 10 Omitted.
ADDENDA <Act No. 7459, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8251, Jan. 19, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA <Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8355, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8369, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA <Act No. 8371, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 8404, Apr. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8466, May 17, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA <Act No. 8733, Dec. 21, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 8819, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8820, Dec. 27, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8974, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDA <Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9547, Mar. 25, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 28 shall enters into force on the date of its promulgation and Article 4 (2) of the Addenda shall enter into force on July 31, 2009, respectively. Article 2 (Transitional Measures concerning Committees)
Any act done by or in relation to the Deliberation Committee for railroad construction and by or in relation to the Promotion Committee concerning high-speed rail construction under the previous provisions as at the time this Act enters into force shall be deemed acts by or in relation to Committees under this Act corresponding thereto.
Article 3 (Transitional Measures concerning Penal Provisions)
The application of penal provisions for any act performed before this Act enters into force shall be governed by the previous provisions.
Article 4 Omitted.
ADDENDA <Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Act No. 9770, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2010. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9772, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 10266, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 14 Omitted.
ADDENDA <Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA <Act No. 10599, Apr 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) | This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11752, Apr. 5, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Deemed Agreements on Legal Fiction of Authorization, Permission, etc.)
The amended provisions of Article 11 (3) shall apply to matters on which the Minister of Land, Infrastructure and Transport requests consultations to the head of the relevant administrative agencies after this Act enters into force. Article 3 (Applicability concerning Compensation for Use of Underground Part of Land)
The amended provisions of Article 12-2 shall apply where the underground part of another person's land is used with approval for the implementation plan for a railroad construction project after this Act enters into force. Article 4 (Applicability concerning Duration of Partitioned Surface Right)
The amended provisions of Article 12-3 (4) shall apply where the partitioned surface right for use of underground part of another person's land is created or transferred with approval for the implementation plan for a railroad construction project after this Act enters into force.
ADDENDA <Act No. 11794, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 26 Omitted.
ADDENDA <Act No. 12023, Aug. 6, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Special Cases for Promotion, Quality Improvement, etc. of Railroad Construction Projects)
The amended provisions of Article 18 (2) shall apply to railroad construction projects implemented after this Act enters into force.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12647, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 11 (3) shall apply where any request for consultations is received after this Act enters into force.
ADDENDUM <Act No. 13490, Aug. 11, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13797, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA <Act No. 14532, Jan. 17, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation: Provided, That among the Acts amended pursuant to Article 6 of the Addenda, the amended parts of the acts which were promulgated before this Act enters into force but the enforcement date of which have not yet arrived shall enter into force on the enforcement dates of the respective Acts.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 15323, Dec. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 (Applicability to Legal Fiction of Authorization, Permission, etc. under other Acts)
The amended provisions of Article 11 (1) 25 shall apply, beginning with the first approval of an implementation plan after this Act enters into force.
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.
Article 2 Omitted.
Article 3 (Relationship with other Statutes and Regulations)
Any citation of the former Railroad Construction Act, or of any provisions thereof, in any other statutes or regulations as at the time this Act enters into force, shall be deemed a citation of this Act or the corresponding provisions of this Act in lieu of the previous provisions, if such corresponding provisions exist herein.
ADDENDUM <Act No. 16639, Nov. 26, 2019>
This Act shall enter into force one month after the date of its promulgation.