URBAN TRAFFIC IMPROVEMENT PROMOTION ACT
Wholly Amended by Act No. 6642, Jan. 26, 2002
Amended by Act No. 6656, Feb. 4, 2002
Act No. 6655, Feb. 4, 2002
Act No. 6940, Jul. 25, 2003
Act No. 7693, Nov. 8, 2005
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9071, Mar. 28, 2008
Act No. 9775, jun. 9, 2009
Act No. 10219, Mar. 31, 2010
Act No. 10599, Apr. 14, 2011
Act No. 10665, May 19, 2011
Act No. 11690, Mar. 23, 2013
Act No. 11801, May 22, 2013
Act No. 12642, May 21, 2014
Act No. 13433, Jul. 24, 2015
Act No. 14839, Jul. 26, 2017
Act No. 14858, Aug. 9, 2017
Act No. 14944, Oct. 24, 2017
Act No. 15996, Dec. 18, 2018
Act No. 16384, Apr. 23, 2019
Act No. 16561, Aug. 27, 2019
Act No. 17091, Mar. 24, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to ensure smooth traffic and promote convenience in traffic in urban areas by promoting the improvement of traffic facilities and efficiently operating and managing means of transport and traffic systems.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
The terms used in this Act are defined as follows: <Amended by Act No. 13433, Jul. 24, 2015; Act No. 16561, Aug. 27, 2019>
| 1. | The term "means of transport" means buses, trains (including trains for urban railroads), and bicycles used to transport people or goods from one place to another, and other means of transport prescribed by Presidential Decree; |
| 1-2. | The term “means of personal transport” means a single-person mobility aid powered by electricity; |
| 2. | The term "traffic facilities" means roads, parking lots, bus terminals, cargo terminals, railroads, urban railroads, airports, harbors, transit facilities, etc. necessary to operate the means of transport; |
| 3. | The term "transit facilities" means facilities providing such multiple functions as railway stations, urban railroad stations, depots, bus terminals, cargo terminals, etc. to ensure the users of means of transport may conveniently use other means of transport; |
| 4. | The term "traffic system control" means any act performed to maximize the efficiency of traffic facilities; |
| 5. | The term "traffic impact assessment" means an act of surveying, estimating, and assessing traffic volume, change in traffic stream, and impact on traffic safety resulting from execution of the relevant projects (hereinafter referred to as "traffic impact") and of formulating measures to minimize various relevant problems; |
| 6. | The term "facilities" means buildings defined in Article 2 (1) 2 of the Building Act and other structures prescribed by Presidential Decree, which include golf practice ranges, outdoor viewing facilities, etc.; |
| 7. | The term "control of traffic demand" means reducing the traffic of motor vehicles which are a major cause of traffic congestion or means decentralizing or reducing traffic volume by decentralizing the traffic type by time and locality or by encouraging a shift between means of transport with the aim of easing traffic congestion; |
| 8. | The term "traffic-congestion charges" means a financial burden imposed on any motorist who drives on the road or in the area where the traffic congestion is severe in order to encourage such motorist to change his or her means of transport, route, time, etc. and thus to ease the traffic congestion thereon; |
| 9. | The term "charges for causing traffic congestion" means a financial burden imposed on facilities that cause traffic congestion according to the principle of cost bearing by the person who incurs the cause thereof, in order to ease traffic congestion; |
| 10. | The term "consolidated traffic system for pedestrians, bicycles, and mass means of transport" means a traffic system under which the accessibility and conveniency of mass transport becomes reinforced by consolidated operation and management of walking, bicycles, buses, trains (including trains for urban railroads), land use, etc. for the improvement of accessibility of mass means of transport. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
CHAPTER II URBAN TRAFFIC IMPROVEMENT PLAN
| Article 3 (Designation and Public Notice of Urban Traffic Improvement Districts) |
| (1) | The Minister of Land, Infrastructure and Transport may designate the following districts as an urban traffic improvement district and publicly notify the designation to ensure smooth urban traffic and promote traffic convenience: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. | Any city with a population of at least 100,000 (referring to a city with a population of at least 100,000, excluding the districts that are Eups/Myeons, in cases of a mixed urban-rural city); |
| 2. | Any district, other than the districts referred to in subparagraph 1, which the Minister of Land, Infrastructure and Transport deems necessary to be designated as an urban traffic improvement district in order to improve the urban traffic therein either in his or her judgment or at the request of the head of the relevant Si or Gun. |
| (2) | When the Minister of Land, Infrastructure and Transport intends to designate a district referred to in paragraph (1) 2 as an urban traffic improvement district, he or she shall undergo deliberation by the National Transport Committee set up in accordance with Article 106 of the National Transport System Efficiency Act (hereinafter referred to as the "Committee") after consulting with the Minister of Interior and Safety with regard thereto. <Amended by Act No. 9775, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 4 (Designation and Public Notice of Traffic Zones) |
| (1) | The Minister of Land, Infrastructure and Transport may designate and publicly notify any traffic zone to make it possible to formulate a traffic-related plan related to such zone between at least two adjacent urban traffic improvement districts in the same traffic life zone from among urban traffic improvement districts under Article 3 (1) (hereinafter referred to as "urban traffic improvement districts"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport intends to designate any traffic zone, he or she shall undergo deliberation by the Committee after consulting in advance with the Minister of Interior and Safety with regard thereto. <Amended by Act No. 9775, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 5 (Formulation of Master Plans for Urban Traffic Improvement) |
| (1) | The head of a Si (including the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, and the Governor of a Special Self-Governing Province; hereinafter the same shall apply) or the head of a Gun having jurisdiction over any administrative district designated as an urban traffic improvement district under Article 3 shall formulate a 20-year master plan for urban traffic improvement (hereinafter referred to as "master plan"), as prescribed by Presidential Decree. <Amended by Act No. 11801, May 22, 2013> |
| (2) | A master plan shall contain the following matters. In such cases, the relationship with other urban traffic improvement districts or adjacent districts in the traffic zone shall be considered: <Amended by Act No. 13433, Jul. 24, 2015> |
| 1. | The current status and outlook of urban traffic; |
| 2. | Plans by field that include the following matters: |
| (a) | Measures for outbound and inbound traffic, and improvement of traffic systems, including roads, railways, and urban railroads, in metropolitan cities; |
| (b) | Improvement of traffic facilities; |
| (c) | Improvement of the mass transit system; |
| (d) | Improvement of the traffic system control and improvement of traffic congestion; |
| (e) | Construction and operation of parking lots; |
| (f) | Establishment of the consolidated traffic system for pedestrians, bicycles, and mass means of transport; |
| (g) | Creation of an environment-friendly traffic system; |
| 3. | Plans for investment projects and ways to secure financial resources for such projects. |
| (3) | In formulating a master plan under paragraph (1), the head of a Si or Gun shall comply with an urban or Gun master plan formulated under Article 19 of the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun master plan") and, with respect to roads, if a road construction and management plan formulated under Article 6 of the Road Act (hereinafter referred to as "road construction and management plan") exists, he or she shall comply with such plan. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 12248, Jan. 14, 2014> |
| (4) | The head of a Si or Gun may request the head of the relevant Si or Gun in the traffic zone to furnish materials necessary to formulate a master plan. In such cases, the head of the relevant Si or Gun so requested shall submit materials, except in extenuating circumstances. |
| (5) | When the head of a Si or Gun intends to formulate a master plan, he or she shall consult with the managing authority of the relevant traffic facilities and the head of the relevant Si or Gun in the same traffic zone. |
| (6) | Where consultations under paragraph (5) fail to reach an agreement, a person classified pursuant to the following subparagraphs may mediate the disagreement ex officio: Provided, That if consultations with respect to roads fail to reach an agreement, Article 24 of the Road Act shall apply mutatis mutandis thereto: <Amended by Act No. 11801, May 22, 2013; Act No. 12248, Jan. 14, 2014> |
| 1. | If the district subject to a master plan is located in the same Do: The competent Do Governor; |
| 2. | If the district subject to a master plan extends over at least two different administrative districts among the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, and Dos: The Minister of Land, Infrastructure and Transport. |
| (7) | When the Minister of Land, Infrastructure and Transport makes the mediation under paragraph (6), he or she shall consult in advance with the Minister of Interior and Safety with regard thereto. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
| (8) | When the head of a Si or Gun intends to formulate a master plan, he or she shall seek opinions from residents and relevant experts with respect to a draft master plan, subject to deliberation by the local transport committee established under Article 110 of the National Transport System Efficiency Act (hereinafter referred to as the "local transport committee") and public announcement procedures prescribed by Presidential Decree and shall reflect such opinions in formulating the master plan, if such opinions are deemed appropriate. <Amended by Act No. 11801, May 22, 2013> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 6 (Determination of Master Plans) |
| (1) | When the head of a Si or Gun formulate a master plan in accordance with Article 5, he or she shall submit the master plan to the Minister of Land, Infrastructure and Transport or the Do Governor, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) | Upon receiving the master plan submitted under paragraph (1), the Minister of Land, Infrastructure and Transport or the Do Governor may present his or her opinion thereon to the head of the relevant Si or Gun after undergoing deliberation by the Committee or the local transport committee. In such cases, the Minister of Land, Infrastructure and Transport shall consult with the heads of relevant central administrative agencies with regard thereto. <Amended by Act No. 9775, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013; Act No. 11801, May 22, 2013> |
| (3) | When the head of a Si or Gun is presented with any opinion under paragraph (2), he or she shall determine and publicly notify the master plan after reflecting such opinion in formulating the master plan unless an extenuating circumstance exists. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 6-2 (Relationship to Urban or Gun Master Plans) |
Upon receipt of a request for cooperation in the formulation or alteration of an urban or Gun master plan or road construction and management plan from a person having authority to formulate such plan, the head of a Si or Gun shall, without delay, take measures, such as having the request deliberated by the local transport committee (limited to cases where such committee is established within a relevant agency) and then notifying the person having authority to formulate or authorize the urban or Gun master plan or road construction and management plan of the opinion of the local transport commission, to ensure a correlation between the master plan and the urban or Gun master plan or road construction and management plan. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 11801, May 22, 2013; Act No. 12248, Jan. 14, 2014>
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 7 (Alteration of Master Plans) |
| (1) | The head of a Si or Gun may alter a master plan in any of the following cases: Provided, That the head of a Si or Gun shall alter the master plan in cases of falling under subparagraph 1: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 12248, Jan. 14, 2014> |
| 1. | Where an urban or Gun master plan or road construction and management plan becomes inconsistent with the master plan, due to any alteration of the urban or Gun master plan or road construction and management plan; |
| 2. | Where traffic conditions change in the jurisdictional district of the head of a Si or Gun or where it becomes necessary to alter matters included in the master plan. |
| (2) | Articles 5 (5) through (8) and 6 shall apply mutatis mutandis to the alteration of a master plan: Provided, That only Article 6 (1) shall apply mutatis mutandis to any change to the master plan due to a change in an urban or Gun master plan or road construction and management plan that has been already formulated and to any change of insignificant matters prescribed by Presidential Decree. <Amended by Act No. 10599, Apr. 14, 2011; Act No. 12248, Jan. 14, 2014> |
| (3) | Upon receipt of a master plan that has been changed in accordance with Article 6 (1) that is applied mutatis mutandis under the proviso of paragraph (2), the Minister of Land, Infrastructure and Transport shall notify such master plan to the heads of relevant central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 8 (Medium-Term Plans for Urban Traffic Improvement) |
| (1) | When the head of a Si or Gun formulates a master plan, he or she shall concretize the master plan and formulate a five-year medium-term plan for urban traffic improvement (hereinafter referred to as "medium-term plan"), as prescribed by Presidential Decree. <Amended by Act No. 11801, May 22, 2013> |
| (2) | The medium-term plan shall contain the following matters: <Amended by Act No. 11801, May 22, 2013> |
| 1. | Concrete ways to implement plans by field of the master plan; |
| 2. | Detailed matters concerning the plan for investment projects prescribed by the master plan and ways to raise funds to finance such projects; |
| 3. | Where the head of a Si or Gun intends to include a regional transport plan prepared under another statute in the medium-term plan, matters that should to be included in the relevant regional transport plan under such statute; |
| 4. | Other matters necessary to implement the master plan. |
| (3) | Articles 5 (3) through (8), 6 and 7 shall apply mutatis mutandis to the formulation, determination and amendment of the medium-term plan. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 9 (Basic Surveys) |
| (1) | The head of a Si or Gun may survey matters necessary to formulate a master plan and a medium-term plan, as prescribed by Presidential Decree. In such cases, such survey shall not overlap with the national traffic survey conducted in accordance with Article 12 of the National Transport System Efficiency Act. <Amended by Act No. 11801, May 22, 2013> |
| (2) | The head of a Si or Gun shall survey and analyze matters related to traffic and shall make a report on findings therefrom to the Minister of Land, Infrastructure and Transport or the Do Governor, as prescribed by Presidential Decree. In such cases, upon receiving such report, the Minister of Land, Infrastructure and Transport shall notify the details of such report to the Minister of Interior and Safety. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12844, Nov. 19, 2014; Act No. 14839, Jul. 26, 2017> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 10 (Annual Implementation Plans) |
| (1) | The head of a Si or Gun shall formulate an annual implementation plan (hereinafter referred to as "implementation plan") that is necessary to implement a medium-term plan on a phased basis, as prescribed by Presidential Decree, shall submit the implementation plan to the Minister of Land, Infrastructure and Transport or the Do Governor, and shall publicly notify without delay the implementation plan. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11801, May 22, 2013> |
| (3) | When the head of a Si or Gun intends to formulate an implementation plan, he or she shall take fully into account a statement of traffic impact assessment referred to in Article 16 (including those reflected in project plans, etc. under Article 20 (1) and (3)). <Amended by Act No. 13433, Jul. 24, 2015> |
| (4) | Deleted. <by Act No. 13433, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 11 (Relationship to Other Plans) |
Where the following plans are formulated or amended for urban traffic improvement districts, efforts shall be made to formulate or amend such plans in proper correlation with the master plan, the medium-term plan and the implementation plan: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 12216, Jan. 7, 2014; Act No. 12248, Jan. 14, 2014>
| 2. | Urban or Gun master plans; |
| 3. | Road construction and management plans. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 12 (Expropriation and Use) |
| (1) | When it is deemed necessary to execute an implementation plan, the head of a Si or Gun may expropriate or use specific land or buildings, other fixtures attached to land, and rights, other than ownership in an urban traffic improvement district under his or her jurisdiction. |
| (2) | The Act on the Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply to the expropriation and use referred to in paragraph (1), except as otherwise provided in this Act. |
| (3) | In the application of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects therefor under paragraph (2), the formulation of the implementation plan shall be deemed the business authorization under Article 20 (1) of that Act, the public notice of the implementation plan shall be deemed the public notice under Article 22 (1) of that Act, and the deadline for applying for an adjudication shall be deemed the date on which the implementation period ends prescribed in the implementation plan, notwithstanding Articles 23 (1) and 28 (1) of that Act. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 13 (Orders to Improve Urban Traffic) |
| (1) | If deemed necessary to improve the urban traffic in an urban traffic improvement district, the Minister of Land, Infrastructure and Transport may order the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the relevant district to implement the following matters: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11801, May 22, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | Opening and altered operation of bus routes between at least two local governments; |
| 2. | Implementation of a joint bus operation system; |
| 3. | Improvement of working conditions for employees in the traffic industry; |
| 4. | Construction and operation of bus terminals, cargo terminals, depots, and transit facilities; |
| 5. | Implementation of a transit fare system among the means of transport; |
| 6. | Expansion or reduction of taxi business districts; |
| 7. | Expansion of traffic facilities (limited to traffic facilities under the control of the relevant Mayor/Do Governor); |
| 8. | Implementation of the statement of traffic impact assessment referred to in Article 16 (including those reflected in project plans, etc. under Article 20 (1) and (3)) (limited to where a Mayor/Do Governor implements projects or is the managing authority in charge of traffic facilities); |
| 9. | Other matters necessary for smooth traffic in urban areas. |
| (2) | Upon receiving an order issued under paragraph (1), the Mayor/Do Governor shall formulate an implementation plan and submit such implementation plan to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, Article 5 (3) and (5) shall apply mutatis mutandis. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | When deemed necessary to improve the operation of the mass means of transport, the head of a Si or Gun may order the operator of such mass means of transport to implement matters specified in each subparagraph of paragraph (1). In such cases, if the details of such order are related to any other administrative district in a traffic zone under Article 4, the head of a Si or Gun shall consult with the Do Governor or the head of a Si or Gun who has jurisdiction over the traffic zone or the managing authority in charge of the relevant traffic facilities, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 14 (Validity on Successor to Order) |
An order provided for in Article 13 (3) shall also be valid on any person who acquires the relevant business. [This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
CHAPTER III TRAFFIC IMPACT ASSESSMENT
| Article 15 (Areas and Projects Requiring Traffic Impact Assessment) |
| (1) | A person (including the State and local governments; hereinafter referred to as "project operator") who intends to undertake any of the following projects (hereinafter referred to as "project subject to traffic impact assessment") within an urban traffic improvement district or within a traffic zone of an urban traffic improvement district shall conduct a traffic impact assessment: <Amended by Act No. 13433, Jul. 24, 2015> |
| 1. | Development of a city; |
| 2. | Creation of an industrial location and industrial complex; |
| 3. | Development of energy; |
| 4. | Development of a port; |
| 5. | Construction of a road; |
| 6. | Construction of railroads (including urban railroads); |
| 7. | Construction of an airport; |
| 8. | Development of a tourist complex; |
| 9. | Development of specific areas; |
| 10. | Installation of sports facilities; |
| 11. | Construction, extensive repair, remodelling, and alteration of usage of a building prescribed by Presidential Decree, from among buildings under the Building Act; |
| 12. | Other projects having impact on traffic and prescribed by Presidential Decree. |
| (2) | Notwithstanding paragraph (1), a person may choose not to conduct a traffic impact assessment for any of the following projects: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 2. | Project which the Minister of National Defense deems requiring protection of military secrets or necessary for urgent execution of military operations and on which he or she consults with the Minister of Land, Infrastructure and Transport; |
| 3. | Project which the Director of the National Intelligence Service deems necessary for national security and on which he or she consults with the Minister of Land, Infrastructure and Transport. |
| (3) | Detailed scope of projects subject to traffic impact assessment, detailed standards including subject matters of assessment and the details thereof, and other necessary matters, shall be prescribed by Presidential Decree. <Amended by Act No. 13433, Jul. 24, 2015> |
| (4) | The Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, or the Special Self-Governing Province may set, with ordinance of the relevant City or Do, different kinds of projects subject to the plans or different scope of projects subject to the plans within the scope prescribed by Presidential Decree, if necessary to conduct a traffic impact assessment in view of characteristics, etc. of the area even where a project does not fall under projects subject to the plans or the scope of projects subject to the plans under subparagraph (1) or (3) within an urban traffic improvement district or a traffic zone of an urban traffic improvement district. <Amended by Act No. 11801, May 22, 2013; Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 16 (Submission and Review of Statements of Traffic Impact Assessment) |
| (1) | Where a project operator needs to obtain approval, authorization, permission, or decision (hereinafter referred to as "approval, etc.") for a project subject to traffic impact assessment or the project plan thereof (hereinafter referred to as “project plan, etc."), he or she shall submit a document in which the findings of a traffic impact assessment are arranged in an orderly manner (hereinafter referred to as "statement of traffic impact assessment") to the head of an agency which is to grant approval, etc. (hereinafter referred to as "approving authority") by the deadline prescribed by Presidential Decree. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Where a statement of traffic impact assessment fails to meet the detailed criteria under Article 15 (3), an approving authority may request the relevant project operator to supplement the statement of traffic impact assessment. <Amended by Act No. 13433, Jul. 24, 2015> |
| (3) | If necessary for review of a statement of traffic impact assessment, an approving authority may seek opinions from relevant specialized institutions or experts and assign the head of an agency having expertise in the traffic-related field, which is prescribed by Presidential Decree, to review it on its behalf or request him or her to dispatch experts under his or her control or to provide other necessary cooperation. <Amended by Act No. 13433, Jul. 24, 2015> |
| (4) | An approving authority shall notify the relevant project operator, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, where the approving authority finds the following matters (hereinafter referred to as "matters, etc. requiring improvement") as a result of review of a statement of traffic impact assessment: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | Matters requiring improvement in a statement of traffic impact assessment; |
| 2. | Coordination and supplementation of a project plan, etc.; |
| 3. | Other measures necessary to minimize traffic impacts resulting from implementation of the relevant project. |
| (5) | An approving authority shall give notice under paragraph (4) within three months after receipt of a statement of traffic impact assessment. In such cases, this shall not include the time required for consultation with relevant agencies. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 17 (Deliberation on Statements of Traffic Impact Assessment) |
| (1) | When an approving authority reviews a statement of traffic impact assessment submitted under Article 16 (1), deliberation shall be conducted by the traffic impact assessment deliberation committee under its control pursuant to Article 19. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Notwithstanding paragraph (1), when an approving authority reviews a statement of traffic impact assessment for a building under Article 15 (1) 11 which is subject to deliberation by a building committee under Article 4 of the Building Act (hereinafter referred to as the "building committee"), deliberation shall be conducted by a building committee, of which members who are traffic experts prescribed by Presidential Decree make up at least 1/4 of the members participating in the deliberation: Provided, That deliberation prescribed in paragraph (1) may be conducted in the following cases: <Amended by Act No. 13433, Jul. 24, 2015; Act No. 14858, Aug. 9, 2017> |
| 1. | Where in-depth deliberation on traffic is required because a large traffic demand is likely to be caused; |
| 2. | Where deliberation is deemed required first on traffic, ahead of any other field; |
| 3. | Where a building, located in an area prone to traffic congestion and likely to cause a high traffic volume, falls within the size, use, or type prescribed by Presidential Decree. |
| (3) | If an approving authority is the head of a central administrative agency (including the heads of its affiliated agencies) or a Mayor/Do Governor, he or she shall seek opinions from the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Newly Inserted by Act No. 12250, Jan. 14, 2014> |
| (4) | In any of the following cases, an approving authority shall, without delay, request for deliberation on a statement of traffic impact assessment, attaching explanation of grounds for request, to the traffic impact assessment deliberation committee under the Ministry of Land, Infrastructure and Transport, if the approving authority is the head of a central administrative agency (including the heads of its affiliated agencies) or Mayor/Do Governor, or to the traffic impact assessment deliberation committee under a Mayor/Do Governor, if the approving authority is the head of a Si/Gun/Gu: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12250, Jan. 14, 2014; Act No. 13433, Jul. 24, 2015> |
| 1. | In cases of falling under the criteria prescribed by Presidential Decree, such as where a project subject to traffic impact assessment extends over the jurisdictions of at least two approving authorities, or where the extent of traffic impacts and regional scope requiring a traffic impact assessment extend outside the jurisdiction of the relevant approving authority due to implementation of a project subject to traffic impact assessment; |
| 2. | Where an approving authority requires a statement of traffic impact assessment to be deliberated on by a traffic impact assessment deliberation committee under the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor after a prior consultation with the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor; |
| 3. | Where a traffic impact assessment deliberation committee fails to be formed within one month from the date of receiving a request for deliberation on a statement of traffic impact assessment or where a building committee fails to meet the requirements referred to in the main clause of paragraph (2). |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 17-2 (Filing Objections) |
| (1) | A project operator who has an objection to any matter, etc. requiring improvement notified under Article 16 (4) may file an objection with the approving authority in accordance with procedures prescribed by Presidential Decree. |
| (2) | Upon receiving an objection under paragraph (1), the approving authority shall examine the validity of details of the objection in accordance with procedures prescribed by Presidential Decree and notify the result thereof to the person who has filed the objection. |
[This Article Newly Inserted by Act No. 13433, Jul. 24, 2015]
| Article 18 (Deliberation on Statements of Traffic Impact Assessment of Project Operators Not Required to Obtain Approval) |
| (1) | A project operator not required to obtain approval, etc. shall submit its statement of traffic impact assessment prepared by a traffic impact assessment contractor under Article 25 (1) for deliberation by a traffic impact assessment deliberation committee under a project operator under Article 19, by the deadline prescribed by Presidential Decree. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Notwithstanding paragraph (1), if deemed necessary for efficient deliberation on the statements of traffic impact assessment, a project operator not required to obtain approval, etc. may submit its statement of traffic impact assessment for deliberation by a traffic impact assessment deliberation committee as follows: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | Where a project operator is a local government or subordinate agency of a local government: A traffic impact assessment deliberation committee under a Mayor/Do Governor; |
| 2. | Where a project operator is a central administrative agency or subordinate agency of a central administrative agency: A traffic impact assessment deliberation committee under the Minister of Land, Infrastructure and Transport. |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 19 (Establishment of Traffic Impact Assessment Deliberation Committees) |
| (1) | Each approving authority or project operator not required to obtain approval, etc. shall establish under his or her control a traffic impact assessment deliberation committee to deliberate on the statements of traffic impact assessment. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Matters necessary for organization and operation of traffic impact assessment deliberation committees shall be prescribed by Presidential Decree. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 20 (Inclusion, Confirmation, etc. of Matters Requiring Improvement) |
| (1) | Where a project operator required to obtain approval, etc. is notified of matters requiring improvement, etc. under Article 16 (4), he or she shall submit a project plan, etc. that include such matters to an approving authority. |
| (2) | Where an approving authority grants approval, etc. for a project plan, etc., it shall ascertain whether matters requiring improvement, etc. are included. |
| (3) | A project operator not required to obtain approval, etc. shall finalize a project plan, etc. considering the results of deliberation by a traffic impact assessment deliberation committee. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 21 (Alteration of Statements of Traffic Impact Assessment) |
| (1) | Where a project operator required to obtain approval, etc. fails to commence a project within the period prescribed by Presidential Decree after receiving notice of matters requiring improvement, etc., or where it is unreasonable to execute a project plan according to matters requiring improvement, etc. due to the grounds prescribed by Presidential Decree, he or she shall alter the details of the statement of traffic impact assessment related to the relevant matters requiring improvement, etc. and submit it to an approving authority. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Articles 16, 17, and 20 shall apply mutatis mutandis to the alteration of statements of traffic impact assessment under paragraph (1): Provided, That, if a matter altered under paragraph (1) for a building that has undergone deliberation by a building committee under Article 17 (2) is a traffic-related matter prescribed by Presidential Decree, a traffic-related expert committee within the relevant building committee (limited to where a relevant expert committee is established) or a traffic impact assessment deliberation committee under Article 17 (1) or (4) may deliberate thereon. <Amended by Act No. 12250, Jan. 14, 2014; Act No. 13433, Jul. 24, 2015> |
| (3) | Where a project operator not required to obtain approval, etc. fails to commence a project within the period prescribed by Presidential Decree after confirmation of a project plan, or where it is unreasonable to execute a project plan according to the results of deliberation by a traffic impact assessment deliberation committee due to the grounds prescribed by Presidential Decree, he or she shall alter the details of the statement of traffic impact assessment related to the results of the deliberation and shall submit it for deliberation by a traffic impact assessment deliberation committee under the project operator. In such cases, Articles 18 (2) and 20 (3) shall apply mutatis mutandis. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 22 (Implementation of Traffic Impact Assessment) |
| (1) | When executing a project subject to traffic impact assessment, a project operator shall implement matters reflected in the relevant project plan, etc. which are required to be implemented out of obligation as the result of a traffic impact assessment (hereafter referred to as "obligatory matters"). <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | In order to implement obligatory matters with sincerity, a project operator shall keep and maintain a management ledger containing obligatory matters at a construction site, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and shall designate a chief manager who inspects and reports on the implementation of the obligatory matters (hereinafter referred to as "chief manager"). <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| (3) | Qualifications of chief managers, matters to be observed by them, and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where a project operator is changed, the obligations of the project operator under paragraphs (1) and (2) shall be succeeded to by the succeeding project operator. In such cases, the succeeding project operator shall notify an approving authority of the details of succession, etc., as 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. 9071, Mar. 28, 2008]
| Article 23 (Ascertainment of Implementation of Obligatory Matters) |
| (1) | An approving authority shall ascertain whether a project operator required to obtain approval, etc. implements obligatory matters. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | For conducting ascertainment under paragraph (1), an approving authority may order a relevant project operator to submit data necessary to ascertain the implementation of obligatory matters (hereinafter referred to as "data for ascertaining the implementation of obligatory matters") or may assign its subordinate public official to enter a relevant project site to inspect and ascertain the implementation thereof. In such cases, the project operator requested to submit data shall comply with such request, except in extenuating circumstances. <Amended by Act No. 13433, Jul. 24, 2015> |
| (3) | Where a public official inspects and ascertains the implementation under paragraph (2), he or she shall forward to the person subject to inspection the inspection plan which includes the date, purpose, details, etc. of the inspection by no later than seven days before the inspection, and, after inspection and ascertainment, shall immediately prepare a report on the findings of inspection and ascertainment, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Any relevant public official conducting inspection and ascertainment under paragraph (2) shall carry a certificate indicating his or her identity and authority and shall produce it to interested persons when entering a relevant project site. <Amended by Act No. 13433, Jul. 24, 2015> |
| (5) | Deleted. <by Act No. 13433, Jul. 24, 2015> |
| (6) | A project operator requested to submit data for ascertaining the implementation of obligatory matters under paragraph (2) may assign a traffic impact assessment contractor referred to in Article 26 (1) to prepare the data on his or her behalf. In such cases, he or she shall delegate such work to a person who is not the one who has conducted the relevant traffic impact assessment upon delegation. <Newly Inserted by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 24 (Orders, etc. to Take Measures for Implementation) |
| (1) | Where a project operator required to obtain approval, etc. fails to implement obligatory matters, an approving authority shall order him or her to take measures necessary for the implementation thereof. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Where a project operator required to obtain approval, etc. fails to follow an order to take measures under paragraph (1) and an approving authority deems that such failure affects traffic significantly, the approving authority shall order him or her to suspend works until the implementation thereof is completed for the relevant project. |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 24-2 (Follow-Up Management) |
| (1) | The owner and manager of facilities, the installation of which has been completed to meet obligatory matters, shall maintain, manage, and operate the facilities to conform to the relevant obligatory matters. |
| (2) | The owner and manager of facilities referred to in paragraph (1) shall, where it is necessary to modify the relevant facilities or methods of maintaining, managing, or operating them due to changes in surrounding traffic environment, etc., file a report on the details of the modification with the approving authority. <Amended by Act No. 16384, Apr. 23, 2019> |
| (3) | The approving authority shall decide whether to accept the report within 180 days from the date of receiving the report of modification pursuant to paragraph (2), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and notify the reporter of its decision. <Newly Inserted by Act No. 16384, Apr. 23, 2019> |
| (4) | Where the approving authority fails to notify the reporter of whether or not to accept the report or the extension of the handling period under statutes or regulations related to handling civil petitions within the period specified in paragraph (3), the period (where the handling period is extended or re-extended in accordance with statutes or regulations related to handling civil petitions, referring to the relevant handling period) shall be deemed to have been accepted on the following day after the end of such period. <Newly Inserted by Act No. 16384, Apr. 23, 2019> |
[This Article Newly Inserted by Act No. 13433, Jul. 24, 2015]
| Article 25 (Execution of Traffic Impact Assessment upon Delegation) |
| (1) | When a project operator performs or alters a traffic impact assessment, he or she shall make delegation to a person who registered under Article 26 (hereinafter referred to as "traffic impact assessment contractor"). <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Where a project operator enters into a contract to delegate the performance or alteration of a traffic impact assessment under paragraph (1), he or she shall enter into a contract separate from other contracts, such as a contract for designing of works for a project subject to traffic impact assessment. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 26 (Registration of Traffic Impact Assessment Contractors) |
| (1) | A person who intends to perform or alter any traffic impact assessment or to prepare data for ascertaining the implementation of obligatory matters on behalf of project operators shall register with the Minister of Land, Infrastructure and Transport as a traffic impact assessment contractor after acquiring technical capabilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| (2) | Where, among the matters registered under paragraph (1), any important matter prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport is changed, the contractor shall file for registration of such change. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) | None of the following persons shall be registered as a traffic impact assessment contractor: <Amended by Act No. 11801, May 22, 2013; Act No. 13433, Jul. 24, 2015; Act No. 16384, Apr. 23, 2019> |
| 1. | An incompetent person under the adult guardianship or a quasi-incompetent person under the limited guardianship; |
| 2. | A person for whom two years have not passed since the date of revocation of registration under Article 29 (excluding cases where registration is revoked under subparagraph 1); |
| 3. | A person who was sentenced to imprisonment with labor or heavier punishment for a violation of this Act and for whom the execution of the sentence is completed (including where the execution of the sentence is deemed completed) or for whom two years have not passed since exemption of the execution of the sentence; |
| 4. | A corporation whose representative is a person referred to in subparagraph 1; |
| 5. | A corporation, any of whose executives is a person referred to in subparagraph 2 or 3. |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 27 (Matters to be Observed by Project Operators and Traffic Impact Assessment Contractors) |
| (1) | A project operator and a traffic impact assessment contractor shall comply with each of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | he or she shall register a statement of traffic impact assessment and base data for preparation thereof in the database referred to in Article 51 (3), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That data difficult to be disclosed because the disclosure thereof is likely to cause remarkable hindrance to national security, trade secret, or business promotion, shall be retained until the date fixed by Ordinance of the Ministry of Land, Infrastructure and Transport without registering them, after obtaining approval from the approving authority; |
| 2. | he or she shall not request or offer any improper favor or offer or accept money, goods, or entertainment, in connection with the performance of the works delegated under Articles 23 (6) and 25 (1) (hereinafter referred to as "delegated works"). |
| (2) | In addition to paragraph (1), a traffic impact assessment contractor shall comply with each of the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | he or she shall not falsely prepare a statement of traffic impact assessment, data for ascertaining the implementation of obligatory matters, or basic data for the preparation thereof; |
| 2. | he or she shall not lend his or her registration certificate or name to another; |
| 3. | he or she shall not hire a subcontractor to perform delegated works: Provided, That this shall not apply to insignificant matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 4. | he or she shall not copy any content of another statement of traffic impact assessment, when preparing a statement of traffic impact assessment. |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 28 (Business Closure) |
When a traffic impact assessment contractor intends to close its business, he or she shall 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; Act No. 13433, Jul. 24, 2015>
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 29 (Revocation of Registration, Suspension of Business, etc. of Traffic Impact Assessment Contractors) |
| (1) | Where a traffic impact assessment contractor falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke its registration or may order suspension of all or part of its business for a fixed period not exceeding six months: Provided, That the Minister shall revoke its registration in cases falling under subparagraph 1, 2, 6, or 8: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | Where the contractor has registered by fraud or other wrongful means; |
| 2. | Where the contractor was subject to suspension of business twice during the latest one year and recommits an offence falling under the grounds for suspension of business; |
| 3. | Where the contractor fails to commence delegated works within two years after registration or fails to produce performance in delegated works for at least two consecutive years; |
| 4. | Where the contractor becomes to lack the required technical capabilities of a traffic impact assessment contractor under Article 26 (1); |
| 5. | Where the contractor changes important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without registration of such change, in violation of Article 26 (2); |
| 6. | Where the contractor falls under any subparagraph of Article 26 (3): Provided, That this shall not apply if an executive of the corporation falling under any of those grounds is replaced by another within three months; |
| 7. | Where the contractor violates matters to be observed referred to in Article 27 (1) 2 or (2) 1 through 4; |
| 8. | Where the contractor enters into a new contract to perform delegated works (hereinafter referred to as "delegation contract") during the period of business suspension, in violation of an order to suspend business issued under this Article. |
| (2) | Detailed criteria for administrative measures under paragraph (1) and other necessary matters 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. 9071, Mar. 28, 2008]
| Article 30 (Continuation of Business of Traffic Impact Assessment Contractors Whose Registration Is Revoked or Who Is Subject to Suspension of Business) |
| (1) | A person whose registration is revoked or who is subject to suspension of business under Article 29 may continue to perform only tasks related to delegation contracts entered into before such disposition. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | A person who continues to perform delegated works under paragraph (1) shall be deemed a traffic impact assessment contractor under this Act until completion of such works. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 31 (Public Announcement on Administrative Measures Taken on Traffic Impact Assessment Contractors) |
| (1) | Deleted. <by Act No. 13433, Jul. 24, 2015> |
| (2) | The Minister of Land, Infrastructure and Transport shall publicly announce details of administrative measures taken on traffic impact assessment contractors at least annually, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 32 (Criteria for Calculating Costs Incurred in Performing Delegated Works) |
The Minister of Land, Infrastructure and Transport shall establish and publicly notify the criteria for calculating costs incurred in performing delegated works.
[This Article Wholly Amended by Act No. 13433, Jul. 24, 2015]
CHAPTER IV CONTROL OF TRAFFIC DEMAND
| Article 33 (Implementation of Control of Traffic Demand) |
| (1) | The head of a Si may control traffic demand through the following matters in a certain district of his or her jurisdictional district in order to ensure smooth traffic in urban areas, reduce air pollution, and efficiently use traffic facilities. In such cases, matters referred to in subparagraphs 1 and 2 shall be deliberated on by a local transport committee: <Amended by Act No. 9775, Jun. 9, 2009; Act No. 10665, May 19, 2011; Act No. 11801, May 22, 2013; Act No. 13433, Jul. 24, 2015; Act No. 16561, Aug. 27, 2019> |
| 1. | Matters concerning restrictions on the operation of motor vehicles under Article 34; |
| 1-2. | Matters concerning a schedule system for passenger vehicles under Article 34-2; |
| 2. | Matters concerning imposition and collection of traffic-congestion charges under Article 35; |
| 3. | Parking space demand control; |
| 4. | Supporting car-sharing; |
| 6. | Supporting telecommuting and home-based-telework; |
| 7. | Constructing a consolidated traffic system for pedestrians, bicycles, means of personal transport, and mass means of transport; |
| 8. | Promotion of means of personal transport; |
| 9. | Other matters prescribed by Presidential Decree for decentralizing or reducing traffic volume. |
| (2) | When the head of a Si intends to control the traffic demand under paragraph (1), he or she shall fully gather consensus from persons concerned by holding public hearings, etc. |
| (3) | Except as provided in this Act, the control of traffic demand referred to in paragraph (1) shall be governed by the relevant municipal ordinance. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 34 (Restrictions on Operation of Motor Vehicles) |
| (1) | When it is deemed necessary to restrict the operation of motor vehicles in a certain district of an urban traffic improvement district, the head of a Si may restrict the operation of motor vehicles for a fixed period of not more than 30 days for each time. |
| (2) | When the head of a Si intends to restrict the operation of motor vehicles in accordance with paragraph (1), he or she shall publicly notify in advance the objective, period, area subject to the restrictions on the operation of motor vehicles, types of motor vehicles and the purpose of using such motor vehicles and other necessary matters. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 34-2 (Schedule System for Automobiles) |
| (1) | In order to ensure smooth traffic flow in urban areas and reduce air pollution, the head of a Si may promote a citizens' movement (hereinafter referred to as "schedule system for automobiles") to restrain from operating automobiles on a specified day, such as a certain day of week decided voluntarily by citizens, in all or part of an area under his or her jurisdiction. |
| (2) | The State or local governments may provide administrative and financial assistance to citizens participating in a schedule system for automobiles or to project operators who contribute to the promotion of a schedule system for automobiles by providing benefits to participating citizens. |
| (3) | In providing administrative and financial assistance under paragraph (2), the State or local governments may use the unmanned traffic regulation equipment referred to in Article 4-2 of the Road Traffic Act to ascertain whether residents participating in the schedule system for automobiles abide by the system. <Newly Inserted by Act No. 13433, Jul. 24, 2015> |
[This Article Newly Inserted by Act No. 9775, Jun. 9, 2009]
| Article 35 (Imposition and Collection, etc. of Traffic-Congestion Charges) |
| (1) | The head of a Si may designate any area where traffic-congestion charges are imposed taking into account the traffic speed, the amount of delay time at intersections, etc., as prescribed by Presidential Decree, and may impose and collect such traffic-congestion charges from motor vehicles entering the area where the traffic-congestion charges are imposed during certain hours. |
| (2) | When the objective of designating any area where traffic-congestion charges are imposed under paragraph (1) is attained, the head of a Si shall cancel the designation thereof. |
| (3) | With regard to automobiles with engine displacement of less than 1,000 cubic centimeters under the Motor Vehicle Management Act, traffic-congestion charges shall be reduced by 50/100. |
| (5) | Basic standards for and method, etc. of imposing traffic-congestion charges under paragraphs (1) and (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and matters necessary for implementation, including the hours during which traffic-congestion charges are imposed, the types and purposes of use of motor vehicles subject to the imposition of traffic-congestion charges, the standards for cancelling the designation, etc. shall be prescribed by municipal ordinances. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 35-2 (Designation of Neighboring Areas Where Traffic-Congestion Charges Are Imposed) |
| (1) | Where any area that the head of a Si intends to designate as an area where traffic-congestion charges are to be imposed under Article 35 (hereafter in this Article, referred to as "area where traffic-congestion charges are to be imposed") is an area where traffic is linked with a neighboring City/Do or Si/Gun (hereafter in this Article, referred to as "area where traffic is linked"), the head of the Si shall consult with the heads of the local governments concerned about the designation of such area as the area where traffic-congestion charges are imposed. |
| (2) | Where no agreement referred to in paragraph (1) is reached, if an area where traffic-congestion charges are to be imposed is an area where traffic is linked with administrative districts of the same Do, the competent Do Governor shall coordinate whether to make designation, following deliberation by the local transport committee referred to in Article 110 of the National Transport System Efficiency Act; and if the area at issue is an area where traffic is linked with administrative districts of at least two Cities/Dos, the Minister of Land, Infrastructure and Transport shall coordinate it, following deliberation by the National Transport Commission referred to in Article 106 of that Act. |
| (3) | The heads of Sis and the heads of local governments shall follow the coordination provided by the Minister of Land, Infrastructure and Transport or a Do Governor under paragraph (2). |
[This Article Newly Inserted by Act No. 13433, Jul. 24, 2015]
| Article 36 (Imposition and Collection of Charges for Causing Traffic Congestion) |
| (1) | The head of a Si may impose and collect charges for causing traffic congestion (hereinafter referred to as "charges") each year from the owners of facilities which cause traffic congestion in any urban traffic improvement district. |
| (2) | Facilities subject to the imposition of charges shall be within the district specified in Article 3 (1) 1, whose total floor area of each floor (including the area of the facilities which are not subject to the imposition of charges under paragraph (8)) is equal to or wider than the scale prescribed by Presidential Decree. <Amended by Act No. 11801, May 22, 2013; Act No. 12642, May 21, 2014> |
| (3) | Persons subject to the imposition of charges shall be the owners of facilities subject to the imposition of charges under paragraph (2) (hereinafter referred to as "facilities subject to the imposition of charges") as of the base date for imposition of the charges. <Newly Inserted by Act No. 12016, Aug. 6, 2013> |
| (4) | Where there is no person subject to the imposition of charges as of the base date for imposition of charges due to the removal, destruction, etc. of facilities subject to the imposition of charges, the last owner thereof during the imposition period shall be the person subject to the imposition of charges. <Newly Inserted by Act No. 12016, Aug. 6, 2013> |
| (5) | Charges on persons who have joint or divided ownership of facilities subject to the imposition of charges shall be imposed in accordance with their respective shares of ownership in the facilities subject to the imposition of charges: Provided, That the criteria for the area of ownership shares of facilities subject to the imposition of charges shall be prescribed by Presidential Decree; no charges shall be imposed if it falls short of the standard area. <Newly Inserted by Act No. 12016, Aug. 6, 2013> |
| (6) | Notwithstanding the proviso of paragraph (5), the head of a Si may reduce the criteria for the area of ownership shares of facilities the scale of which is equal to or larger than that prescribed by ordinance of the relevant local government by up to 50/100, taking into account the location, scale, characteristics, etc. of the facilities within the scope prescribed by Presidential Decree pursuant to paragraph (2). <Newly Inserted by Act No. 12642, May 21, 2014> |
| (7) | Notwithstanding paragraph (2), the head of a Si may increase or decrease the scale of the facilities subject to the imposition of charges by up to 50/100, taking into account the location, scale, characteristics, etc. of the facilities, as prescribed by ordinance of the relevant local government. <Newly Inserted by Act No. 11801, May 22, 2013> |
| (8) | Notwithstanding paragraph (2), no charge shall be imposed on any of the following facilities: Provided, That this shall not apply where the following facilities are used for purposes, other than their intended purposes: |
| 1. | Facilities owned by foreign governments' agencies, international organizations, and foreign aid organizations in Korea; |
| 2. | Residential buildings (including residential part of multi-purpose facilities); |
| 3. | Other facilities which cause insignificant traffic congestion or on which the imposition of charges is deemed inappropriate on the inevitable grounds of public interest, or facilities prescribed by Presidential Decree which are used directly by nonprofit public organizations, such as associations of persons of distinguished services to the State that is formed under the Act on the Establishment of Associations by Persons, etc. of Distinguished Services to the State, for performing their tasks. |
| (9) | Necessary matters concerning methods of and procedures for imposing and collecting charges, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 37 (Standards for Calculating Charges) |
| (1) | Charges imposed on facilities shall be the amount calculated according to the following calculation formula. In such cases, the method of calculating the floor area of the facilities installed for multiple purposes shall be prescribed by Presidential Decree: <Amended by Act No. 11801, May 22, 2013> |
Charges = the total floor area of each story of facilities × unit charges × traffic-congestion causing coefficient.
| (2) | Unit charges and traffic-congestion causing coefficient referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, taking into account the number of users, the amount of sales, the extent of traffic congestion, the purposes of facilities, etc., and the head of a Si may adjust the unit charges and traffic-congestion causing coefficient, within a range of 100/100 increase or 50/50 decrease, taking into account the location, scale, characteristics, etc. of the relevant facilities, as prescribed by ordinance of the relevant local government. <Amended by Act No. 12016, Aug. 6, 2013; Act No. 14944, Oct. 24, 2017> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 38 (Reduction of Charges) |
In cases falling under any of the following subparagraphs, the head of a Si may reduce the charges, as prescribed by Presidential Decree:
| 1. | Where an owner of facilities does not use the facilities for a period of not less than 30 days on the special grounds, such as closure of business; |
| 2. | Where an owner of facilities or an association provided for in Article 44 implements a program designed to reduce the traffic volume having access to the facilities; |
| 3. | Where it is inevitable for the public interest or it is necessary to facilitate the control of traffic demand. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 39 (Payment of Charges in Installments) |
Where the charges are in excess of five million won, the head of a Si may allow payment of such charges in installments, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 40 (Surcharges and Demand for Payment) |
| (1) | Where any person liable to pay charges fails to pay such charges during the term of payment, the head of a Si shall, within 20 days from the date on which the term of payment expires, issue a written demand to him or her to pay the charges in arrears fixing a deadline for payment within 15 days. In such cases, the surcharges equivalent to 3/100 of the charges in arrears shall be added to the charges in arrears. <Amended by Act No. 11801, May 22, 2013> |
| (2) | Where a person that is demanded to pay charges in arrears under paragraph (1) fails to pay such charges within the fixed period, the charges in question may be collected in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended by Act No. 11998, Aug. 6, 2013; Act No. 17091, Mar. 24, 2020> |
| (3) | Where any charges imposed and collected are found to be imposed and collected insufficiently or excessively, the head of a Si shall investigate such imposition and collection and additionally collect or refund the difference thereof. |
| (4) | The Framework Act on Local Taxes shall apply mutatis mutandis to the handling of over-payments or erroneous payments under paragraph (3). <Amended by Act No. 10219, Mar. 31, 2010> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 41 (Limitation Period and Extinctive Prescription) |
| (1) | Where a charge has not been imposed within five years from the date on which such charge may be imposed, the charge shall not be imposed. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 42 (Designation of Special Traffic-Congestion Control Districts) |
| (1) | When deemed necessary to ensure smooth traffic and promote traffic convenience in urban areas, the head of a Si may designate a certain district of an urban traffic improvement district as a special traffic-congestion control district (hereinafter referred to as "special traffic control district") and may take steps to control the traffic demand under Article 43 with respect to facilities in a special traffic control district, which are in excess of the scale prescribed by Presidential Decree (excluding any residential facilities; hereinafter referred to as "facilities in a special traffic control district"), and vehicles entering a special traffic control district. |
| (2) | The head of a Si may designate any facilities (excluding residential facilities) which cause serious traffic congestion on an adjacent main road and are in excess of the scale prescribed by Presidential Decree as special traffic-congestion control facilities (hereinafter referred to as "special traffic control facilities") and may take steps to control the traffic demand under Article 43. |
| (3) | When deemed necessary, the Minister of Land, Infrastructure and Transport may order the head of the relevant Si to designate a certain district of an urban traffic improvement district or facilities therein as a special traffic control district or special traffic control facilities provided for in paragraphs (1) and (2). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Upon receiving an order issued under paragraph (3), the head of the relevant Si shall survey the traffic situation in areas surrounding a district or facilities to be designated as a special traffic control district or special traffic control facilities and, where findings of such survey show that the areas surveyed fall under designation standards provided for in paragraph (5), he or she shall designate the relevant district or facilities as the special traffic control district or special traffic control facilities. |
| (5) | Standards for designating special traffic control districts and special traffic control facilities shall be prescribed by Presidential Decree: Provided, That where deemed necessary in consideration of the conditions and traffic situation of the relevant district, the head of a Si may separately determine the standards for designating special traffic control districts and special traffic control facilities by ordinance of the relevant local government within the extent prescribed by Presidential Decree. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 43 (Details of Steps for Control of Traffic Demand) |
The head of a Si may take any of the following steps in order to ease traffic congestion in any special traffic control district or to ease traffic congestion caused by any special traffic control facilities: <Amended by Act No. 16561, Aug. 27, 2019>
| 1. | Imposition and collection of traffic-congestion charges under Article 35; |
| 2. | Imposition and collection of charges for causing traffic congestion raised according to municipal ordinances under Article 37 (2); |
| 3. | Orders to restrict use of attached parking lots under Article 48; |
| 4. | Enhancing the use of alternative means of transport, other than motor vehicles, such as bicycles and means of personal transport; |
| 5. | Implementation of policy steps designed to improve traffic conditions and promote the use of mass means of transport, such as implementing the one-way traffic system and upgrading the signal system, as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 44 (Joint Control of Traffic Demand) |
| (1) | Owners of facilities in a special traffic control district may form an association to jointly implement a plan to reduce the traffic volume entering the special traffic control district in response to steps taken by the head of a Si to control the traffic demand under Article 43. |
| (2) | The head of a Si may assist owners of facilities in establishing an association in accordance with paragraph (1) and in implementing the plan to reduce the traffic volume. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 45 (Procedures, etc. for Designating Special Traffic Control Districts, etc.) |
| (1) | When the head of a Si intends to designate a special traffic control district or special traffic control facilities, he or she shall formulate a plan for designating such special traffic control district or a plan for designating such special traffic control facilities, including improvement of parking conditions in the district or facilities or in areas surrounding such district and such facilities, as prescribed by Presidential Decree, shall hold a public hearing to hear opinions of owners of facilities, relevant experts, etc., and finally shall determine and publicly notify the designation thereof upon obtaining approval therefor from the Minister of Land, Infrastructure and Transport following deliberation by a local transport committee. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11801, May 22, 2013> |
| (2) | When the Minister of Land, Infrastructure and Transport intends to approve a plan for designating a special traffic control district or special traffic control facilities in accordance with paragraph (1) or to order the head of a Si to designate a special traffic control district or special traffic control facilities in accordance with Article 42 (3), he or she shall undergo deliberation thereon by the Committee. <Amended by Act No. 9775, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013> |
| (3) | Necessary matters for the holding of public hearings under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 46 (Management Target) |
| (1) | When the head of a Si designates a special traffic control district or special traffic control facilities, he or she shall set the management target therefor and make a periodic analysis of improvement effects. |
| (2) | When deemed necessary as a result of analysis made under paragraph (1), the head of a Si may control the traffic demand through alteration of a plan for designating a special traffic control district or special traffic control facilities by intensifying the measures for controlling the traffic demand that are contained in the plan for designating a special traffic control district or special traffic control facilities or by adopting the measures for controlling the traffic demand that are not contained in the initial designation plan. |
| (3) | Article 45 shall apply mutatis mutandis to the alteration of any plan for designating a special traffic control district or special traffic control facilities under paragraph (2). |
| (4) | Where necessary for the analysis, etc. of improvement effects under paragraph (1), the head of a Si may request the owner of special traffic control facilities or an association referred to in Article 44 (1) to submit the relevant materials. In such cases, a person so requested shall comply with such request, except in extenuating circumstances. <Newly Inserted by Act No. 13433, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 47 (Cancellation of Designation of Special Traffic Control Districts) |
Where the results of the analysis made under Article 46 (1) falls under any of the following subparagraphs, the head of a Si shall cancel such designation, as prescribed by Presidential Decree: | 1. | Where the objectives of designating such special traffic control district or such special traffic control facilities are attained; |
| 2. | Where clear grounds arise that require the cancellation of the designation of a special traffic control district or special traffic control facilities, such as change of the purpose of use of special traffic control facilities. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 48 (Orders to Restrict Use of Attached Parking Lots) |
| (1) | When deemed particularly necessary to ease traffic congestion in any special traffic control district or other traffic congestion caused by the installation of special traffic control facilities, the head of a Si may order the owner of facilities in such special traffic control district or the owner of such special traffic control facilities to take necessary measures, such as charging for car parking at attached parking lots defined in subparagraph 1 (c) of Article 2 of the Parking Lot Act or implementation of a schedule system for car parking. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | Necessary matters concerning details, methods, etc. of the measures under paragraph (1) shall be prescribed by municipal ordinances. <Amended by Act No. 13433, Jul. 24, 2015> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 49 (Establishment of Special Accounts for Local Urban Traffic Projects) |
| (1) | The Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, the Special Self-Governing Province and Sis located in urban traffic improvement districts may each establish a special account for local urban traffic projects (hereinafter referred to as "special account") in order to implement a master plan, to secure financial resources necessary to improve urban traffic and to efficiently operate and control the urban traffic. <Amended by Act No. 11801, May 22, 2013> |
| (2) | Revenues shall accrue to the special account from the following income: |
| 2. | Charges for causing traffic congestion under Article 36; |
| 4. | The amount transferred from the general account and income accruing from urban traffic. |
| (3) | The revenue amount in a special account shall be expended in the following projects: Provided, That, regarding the revenue amount referred to in paragraph (2) 1 through 3, at least a fixed rate thereof prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be expended in the implementation of the policies provided in Article 33 (1) 4 through 9: <Amended by Act No. 10665, May 19, 2011; Act No. 11690, Mar. 23, 2013; Act No. 16561, Aug. 27, 2019> |
| 1. | Projects undertaken to expand traffic facilities and improve the operation of such traffic facilities; |
| 2. | Projects undertaken to survey and research urban traffic; |
| 3. | Projects undertaken to improve services of the means of transport and the management of mass transportation companies; |
| 4. | Projects undertaken to control the traffic demand and implement measures to control the traffic demand under Articles 33 and 43; |
| 5. | Projects undertaken to upgrade road facilities and traffic safety facilities. |
| (4) | Necessary matters concerning the operation and administration of special accounts shall be prescribed by municipal ordinances. |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 50 (Deliberation on Master Plans, etc.) |
| (1) | Among the following matters, the matters under the jurisdiction of the Minister of Land, Infrastructure and Transport shall be deliberated by the Committee, and the matters under the jurisdiction of a Mayor/Do Governor shall be deliberated by a local transport committee: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11801, May 22, 2013; Act No. 12216, Jan. 7, 2014> |
| 3. | Other matters prescribed by Presidential Decree concerning major policies for urban traffic. |
| (2) | Deleted. <by Act No. 11801, May 22, 2013> |
[This Article Wholly Amended by Act No. 9775, Jun. 9, 2009]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 51 (Studies and Surveys on Basic Data Related to Traffic Impact Assessment) |
| (1) | The Minister of Land, Infrastructure and Transport and Mayors/Do Governors shall perform studies and surveys on the following matters, to utilize them as research materials and basic data necessary for efficiently conducting traffic impact assessment: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | Establishment and supplementation of various indicators necessary for traffic impact assessment; |
| 2. | Reviewing the appropriateness of the methods of traffic impact assessment and developing such methods; |
| 3. | Surveys, etc. of traffic volume caused by facilities in each city; |
| 4. | Analytical studies of the effects of various traffic impact assessment; |
| 5. | Other matters necessary for efficiently conducting traffic impact assessment. |
| (2) | Other necessary matters, such as studies and surveys on basic data 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) | The Minister of Land, Infrastructure and Transport and Mayors/Do Governors shall create a database on the results of studies and surveys under paragraph (1) and shall make the database available to the relevant project operators, etc. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | When project operators, etc. utilize study and survey data under paragraph (3), the Minister of Land, Infrastructure and Transport and Mayors/Do Governors may collect usage fees, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and ordinances of Cities/Dos, respectively. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 52 (Collection and Distribution of Information and Training of Experts) |
In order to enhance expertise in traffic impact assessment, the Minister of Land, Infrastructure and Transport shall collect and distribute the relevant information and shall formulate plans to train experts. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015>
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 53 (Associations Related to Traffic Impact Assessment) |
| (1) | Traffic impact assessment contractors and persons engaged in the tasks related to traffic impact assessment may establish an association related to traffic impact assessment (hereinafter referred to as "association"), in order to improve the relevant systems and promote sound development of the tasks. <Amended by Act No. 13433, Jul. 24, 2015> |
| (2) | The association shall be a corporation. |
| (3) | The association shall prepare its articles of incorporation and obtain approval from the Minister of Land, Infrastructure and Transport. This shall also apply when the association intends to amend its articles of incorporation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport deems the association's operation violative of statutes or its articles of incorporation, the Minister may order an amendment of its articles of incorporation, alteration of a project plan, or replacement of executives. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) | Provisions related to incorporated association in the Civil Act shall apply mutatis mutandis to matters not provided for in this Act in relation to the association. |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
When intending to revoke a registration under Article 29 (1), the Minister of Land, Infrastructure and Transport shall hold a hearing. <Amended by Act No. 11690, Mar. 23, 2013> [This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 55 (Delegation and Entrustment of Authority) |
| (1) | The Minister of Land, Infrastructure and Transport may partially delegate the authority bestowed under this Act to the chairperson of the Committee on Intercity Transport in Metropolitan Areas pursuant to Article 9-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas, or Do Governors or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 15996, Dec. 18, 2018> |
| (2) | The Minister of Land, Infrastructure and Transport may entrust the following tasks to the association, as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| 1. | Receipt of applications for registration or registration of changes of traffic impact assessment contractors referred to in Article 26; |
| 2. | Deleted; <by Act No. 13433, Jul. 24, 2015> |
| 3. | Creation of database on the results of studies and surveys, provision of data, and collection of data usage fees under Article 51 (3) and (4). |
| (4) | The Minister of Land, Infrastructure and Transport may fully or partially subsidize expenses incurred in performing tasks entrusted under paragraphs (2) and (3), within budgetary limits. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
| Article 56 (Legal Fiction of Public Officials for Purposes of Penalty Provisions) |
| 1. | A non-public official, among the members of a traffic impact assessment deliberation committee referred to in Article 19 (1); |
| 2. | Deleted; <by Act No. 13433, Jul. 24, 2015> |
| 3. | A person who performs entrusted duties, while employed by the association entrusted with duties under Article 55 (2). |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
CHAPTER VI PENALTY PROVISIONS
| Article 57 (Penalty Provisions) |
A project operator that violates a work suspension order under Article 24 (2) shall be punished by imprisonment with labor for not more than three years, or by a fine not exceeding 50 million won. <Amended by Act No. 12642, May 21, 2014> [This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 58 (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 20 million won: <Amended by Act No. 13433, Jul. 24, 2015> |
| 1. | Deleted; <by Act No. 13433, Jul. 24, 2015> |
| 1-2. | A person who fails to maintain, manage, or operate facilities in accordance with obligatory matters, in violation of Article 24-2 (1) or a person who modifies any facilities or method of maintaining, managing, or operating them without reporting thereon, in violation of Article 24-2 (2); |
| 2. | A person who performs delegated works without registration under Article 26 (including a person who enters into a new contract to perform delegated works during the period of suspension of business, in violation of an order to suspend business issued under Article 29, but excluding a person referred to in Article 30 (1)); |
| 3. | A person who is registered under Article 26, by fraud or wrongful means; |
| 4. | A traffic impact assessment contractor who falsely prepares a statement of traffic impact assessment, data for ascertaining the implementation of obligatory matters, or basic data for the preparation thereof, in violation of Article 27 (2) 1; |
| 5. | A traffic impact assessment contractor who prepares a statement of traffic impact assessment by non-consensually copying another statement of traffic impact assessment, in violation of Article 27 (2) 4. |
| (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 ten million won: <Amended by Act No. 13433, Jul. 24, 2015> |
| 1. | A person who lends his or her registration certificate or name to another, in violation of Article 27 (2) 2; |
| 2. | A person who hires a subcontractor to perform delegated works, in violation of Article 27 (2) 3. |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 59 (Joint Penalty Provisions) |
| (1) | Where a representative, agent, employee or other servant of a corporation commits a violation under Article 57 or 58 in connection with the business of the corporation, not only shall such violator be punished, but also the corporation shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation has not been negligent in giving due attention and supervision concerning the relevant business to prevent such violation. |
| (2) | Where an agent, employee, or other servant of an individual commits a violation under Article 57 or 58 in connection with the business of the individual, not only shall such violator be punished, but also the individual shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such individual has not been negligent in giving due attention and supervision concerning the relevant business to prevent such violation. |
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
| Article 60 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding ten million won: <Amended by Act No. 13433, Jul. 24, 2015> |
| 1. | A person who fails to comply with a request to submit data, in violation of the latter part of Article 23 (2); |
| 2. | A project operator who has received an order to take measures under Article 24 (1), but fails to follow such order; |
| 3. | A project operator who enters into a delegation contract to perform or alter any traffic impact assessment without separating it from another contract, in violation of Article 25 (2); |
| 4. | A person who violates an order to take measures under Article 48. |
| (2) | Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended by Act No. 13433, Jul. 24, 2015> |
| 1. | A project operator who fails to keep or maintain a management ledger or fails to designate a chief manager, in violation of Article 22 (2); |
| 2. | A person who fails to register or retain data, in violation of Article 27 (1) 1. |
| (3) | A person who violates restrictions on the operation of motor vehicles under Article 34 shall be punished by an administrative fine not exceeding 100,000 won. |
| (4) | A person who fails to pay traffic-congestion charges within the deadline for payment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 35 (5) shall be punished by an administrative fine not exceeding 50,000 won. <Newly Inserted by Act No. 13433, Jul. 24, 2015> |
| (5) | Administrative fines referred to in paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the head of a Si, or an approving authority, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 13433, Jul. 24, 2015> |
| (6) | and (7) Deleted. <by Act No. 11801, May 22, 2013> |
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Standards for Calculating Charges)
The amended provisions of Articles 19 through 21 shall apply, starting with the first charges imposed and collected after this Act enters into force. Article 3 (General Transitional Measures)
Any disposition taken, any procedure pending and any act performed in accordance with the former provisions at the time this Act enters into force shall be deemed to be taken, pending and performed in accordance with the provisions of this Act, unless they are in conflict with the provisions of this Act.
Article 4 (Transitional Measures concerning Designation and Public Notice of Urban Traffic Improvement Districts)
Sis (including the Special Metropolitan City and the Metropolitan Cities) or Guns that include all or part of their administrative district in one urban traffic improvement district at the time this Act enters into force shall each be deemed designated and publcly notified as an urban traffic improvement district by the jurisdictional district of the relevant Si or Gun under the amended provisions of Article 3. Article 5 (Transitional Measures concerning Traffic-Congestion Districts)
Any district designated as a traffic-congestion district in accordance with the former provisions of Article 20-2 at the time this Act enters into force shall be deemed designated as a district where traffic-congestion charges are imposed in accordance with the amended provisions of Article 17 (1). Article 6 (Transitional Measures concerning Matters Deliberated by Urban Traffic Policy Deliberative Committee)
Any matters deliberated on by the Urban Railroads Committee in accordance with the former provisions of Article 23-2 of the Urban Railroad Act at the time this Act enters into force shall be deemed deliberated on by the Central Urban Traffic Policy Deliberative Committee. Article 7 Omitted.
Article 8 (Relationship to Other Statutes)
Where the previous Urban Traffic Improvement Promotion Act or the provisions thereof are cited in other statutes at the time this Act enters into force and if provisions corresponding thereto exist in this Act, this Act or the pertinent provisions of this Act shall be deemed cited in lieu of the previous provisions.
ADDENDA <Act No. 6655, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDUM <Act No. 6940, Jul. 25, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 7693, Nov. 8, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That ··· <omitted> ··· the amendments to the Acts to be amended pursuant to Article 6 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 7 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. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009: Provided, That the amended provisions of Article 35 (3) shall enter into force on the date of its promulgation. Article 2 (Applicability to Restrictions on Use of Revenue for Special Account for Local Urban Traffic Projects)
The amended provisions of the proviso of Article 49 (3) shall apply beginning with the fiscal year 2009 budget. Article 3 (Transitional Measures concerning Municipal Ordinances Related to Traffic Impact Assessment)
Municipal ordinances related to traffic impact assessment enacted and implemented by Sis/Dos under the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. at the time this Act enters into force shall be deemed municipal ordinances enacted under this Act until new municipal ordinances are enacted under this Act in connection with traffic impact analysis and improvement plans. Article 4 (Transitional Measures concerning Assessment)
| (1) | An assessment which is prepared, for which a request for consultation is made, or for which a reconsultation is in progress, in connection with a traffic impact assessment under the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. at the time this Act enters into force shall be deemed a traffic impact analysis and improvement plan which is formulated, for which deliberation on a request is made, or for which redeliberation is in progress, under this Act. |
| (2) | A traffic impact assessment (including reconsultation) for which deliberation is requested to the Central Traffic Impact Deliberative Committee or a local traffic impact deliberative committee under Article 19 (5) of the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. at the time this Act enters into force may be deliberated on by a traffic impact analysis and improvement plan deliberation committee under the Minister of Land, Transport and Maritime Affairs or under a Mayor/Do Governor. In such cases, it shall be deemed deliberated on by a traffic impact analysis and improvement plan deliberation committee under an approving authority under the amended provisions of Article 17. |
Article 5 (Transitional Measures concerning Details of Consultation)
Article 6 (Transitional Measures concerning Succession to Obligation to Perform Details of Consultation)
A project operator who succeeds to an obligation to execute the details of consultation related to a traffic impact assessment under the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. at the time this Act enters into force shall be deemed a project operator who succeeds to an obligation to execute a traffic impact analysis and improvement plan under this Act. Article 7 (Transitional Measures concerning Assessment Agents)
| (3) | Where an assessment agent registered to conduct business related to traffic impact assessment under Article 8 of the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. before this Act enters into force violates any of the subparagraphs of Article 12 of that Act before this Act enters into force, if such violation falls under the amended provisions of Article 29 (1), it shall be deemed that a person who is deemed to have been designated as a traffic impact analysis and improvement planning contractor under paragraph (1) has committed a violation leading to revocation of registration or suspension of business under the amended provisions of Article 29 (1), and the person may be subject to registration or suspension of business under this Act. |
Article 8 (Transitional Measures concerning Traffic Impact Assessment Association)
Article 9 (Transitional Measures concerning Public Notices and Actions under the Previous Statutes and Other Continuing Actions)
Public notices, administrative actions, or other actions by administrative agencies in connection with traffic impact assessment or requests, reports, or other actions against administrative agencies, taken under the former Act on Assessment of Impacts of Works on Environment, Traffic, Disasters, Etc. at the time this Act enters into force shall be deemed actions by or against administrative agencies taken under corresponding provisions of this Act. Article 10 Omitted.
Article 11 (Relationship to Other Statutes or Regulations)
ADDENDUM <Act No. 9775, Jun. 9, 2009>
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 33 and 34-2 shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10219, Mar. 31, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 12 Omitted.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDUM <Act No. 10665, May 19, 2011>
This Act shall enter into force on the date of its promulgation.
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. 11801, May 22, 2013>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 26 (3) and Article 4 of the Addenda shall enter into force on July 1, 2013. Articles 2 (Applicability to Surcharges on Charges for Causing Traffic Congestion)
The amended provisions of Article 40 (1) shall apply beginning with the charges for causing traffic congestion imposed after this Act enters into force. Article 3 (Transitional Measures concerning Local Urban Traffic Policy Deliberative Committee)
Where a case has undergone a deliberation by a local urban traffic policy deliberative committee before this Act enters into force, it shall be deemed to have undergone a deliberation by a local transport committee.
Article 4 (Transitional Measures concerning Incompetent Persons)
Incompetent persons under the adult guardianship or quasi-incompetent persons under the limited guardianship in accordance with the amended provisions of Article 26 (3) 1 shall be deemed to include the persons against whom the effect of adjudication of incompetence or quasi-incompetence continues under Article 2 of the Addenda of the partially amended Civil Act (Act No. 10429). Article 5 Omitted.
ADDENDA <Act No. 11998, Aug. 6, 2013>
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. 12016, Aug. 6, 2013>
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 37 (2) shall enter into force one year after the date of its promulgation. Article 2 (Applicability to Criteria for Imposition of Charges)
The amended provisions of the proviso of Article 36 (5) shall apply to the first charges imposed and collected after this Act enters into force.
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.
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. 12250, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Hearing Opinions)
The amended provisions of Article 17 (3) shall apply to the first traffic impact analyses and improvement plans submitted after this Act enters into force.
ADDENDA <Act No. 12642, May 21, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 57 shall enter into force six months after the date of its promulgation. Article 2 (Applicability to Persons Subject to Imposition of Charges)
The amended provisions of Article 36 (6) shall apply to the first charges imposed after this Act enters into force.
ADDENDA <Act No. 12844, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of the Acts, which were promulgated before this Act enters into force, but the date on which they are to enter into force, has not arrived yet, among the Acts amended pursuant to Article 6 of the Addenda, shall enter into force on the enforcement dates of such Acts, respectively. Articles 2 through 7 Omitted.
ADDENDA <Act No. 13433, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Traffic Impact Analysis and Improvement Measures)
Traffic impact analysis and improvement measures formulated under the former provisions as at the time this Act enters into force shall be deemed statements of traffic impact assessment under the amended provisions of Article 16 (1). Article 3 Omitted.
Article 4 (Relationship to Other Statutes or Regulations)
Any citation of the previous provisions of the Urban Traffic Improvement Promotion Act or any provisions thereof, in other statutes or regulations, as at the time this Act enters into force, shall be deemed a citation of such corresponding provisions of this Act, if such provisions corresponding thereto exist in this Act related to traffic impact analysis and improvement measures, in lieu of the previous provisions.
ADDENDA <Act No. 14839, Jul. 26, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amendments to the Acts to be amended pursuant to Article 5 of the Addenda, which were promulgated before this Act enters into force but the enforcement dates of which have yet to arrive, shall enter into force on the enforcement date of the relevant Act. Articles 2 through 6 Omitted.
ADDENDA <Act No. 14858, Aug. 9, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Deliberation on Statements of Traffic Impact Assessment)
The amended Article 17 (2) shall apply beginning with the first case where a project operator submits a statement of traffic impact assessment to an approving authority after this Act enters into force.
ADDENDUM <Act No. 14944, Oct. 24, 2017>
This Act shall enter into force February 10, 2018.
ADDENDA <Act No. 15996, Dec. 18, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 16384, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force one month after the date of its promulgation.
Article 2 (Applicability to Reporting on Changes of Facilities or Facility Maintenance, Management, and Operation Methods)
The amended provisions of Article 24-2 (3) and (4) shall begin to apply where a report is filed on changes in facilities or in the maintenance, management, and operation methods of facilities after this Act enters into force.
ADDENDUM <Act No. 16561, Aug. 27, 2019>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.