ENFORCEMENT DECREE OF THE TOLL ROAD ACT
Wholly Amended by Presidential Decree No. 17352, Sep. 6, 2001
Amended by Presidential Decree No. 18667, Dec. 31, 2004
Presidential Decree No. 18821, May 7, 2005
Presidential Decree No. 19637, Aug. 1, 2006
Presidential Decree No. 20323, Oct. 15, 2007
Presidential Decree No. 20541, Jan. 11, 2008
Presidential Decree No. 20722, Feb. 29, 2008
Presidential Decree No. 20784, May 19, 2008
Presidential Decree No. 21234, Dec. 31, 2008
Presidential Decree No. 21715, Sep. 3, 2009
Presidential Decree No. 23320, Nov. 28, 2011
Presidential Decree No. 23734, Apr. 17, 2012
Presidential Decree No. 24085, Sep. 5, 2012
Presidential Decree No. 24247, Dec. 21, 2012
Presidential Decree No. 24443, Mar. 23, 2013
Presidential Decree No. 25011, Dec. 17, 2013
Presidential Decree No. 25050, Dec. 30, 2013
Presidential Decree No. 25456, Jul. 14, 2014
Presidential Decree No. 25457, Jul. 14, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 25941, Dec. 30, 2014
Presidential Decree No. 26813, Dec. 30, 2015
Presidential Decree No. 27088, Apr. 5, 2016
Presidential Decree No. 27554, Oct. 25, 2016
Presidential Decree No. 27751, Dec. 30, 2016
Presidential Decree No. 27740, Dec. 30, 2016
Presidential Decree No. 28191, Jul. 17, 2017
Presidential Decree No. 28329, Sep. 19, 2017
Presidential Decree No. 28556, Dec. 29, 2017
Presidential Decree No. 28700, Mar. 13, 2018
Presidential Decree No. 29417, Dec. 24, 2018
Presidential Decree No. 29492, Jan. 15, 2019
Presidential Decree No. 29657, Mar. 26, 2019
Presidential Decree No. 30302, Dec. 31, 2019
Presidential Decree No. 30545, Mar. 24, 2020
The purpose of this Decree is to prescribe matters mandated by the Toll Road Act and matters necessary for enforcing said Act. <Amended by Presidential Decree No. 18821, May 7, 2005>
| Article 2 (Scope of Construction Machinery) |
"Construction machinery prescribed by Presidential Decree which can operate on the road, among construction machinery" in subparagraph 6 of Article 2 of the Toll Road Act (hereinafter referred to as the "Act") means the following construction machinery: <Amended by Presidential Decree No. 18821, May 7, 2005> | 2. | Crane (limited to a wheel crane); |
| 3. | Concrete mixing transport truck; |
| 4. | Concrete pump (limited to a concrete pump mounted on a truck); |
| 7. | Drilling machine (limited to a drilling machine mounted on a truck). |
| Article 2-2 (Percentage of Financial Support) |
"Financial support ... of at least the rate prescribed by Presidential Decree" in the proviso of Article 4 (3) of the Act means financial support corresponding to not less than 30/100 of the total project costs concerning the construction or upgrading of a toll road (referring to the sum of all costs related to the implementation of a project, such as construction costs, compensation costs, and inspection and design costs): Provided, That where the rate of financial support provided by the State or a local government has been determined in accordance with a concession agreement under subparagraph 6 of Article 2 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as “concession agreement”), the rate shall conform to stipulations in such concession agreement. <Amended by Presidential Decree No. 29492, Jan. 15, 2019> [This Article Newly Inserted by Presidential Decree No. 18821, May 7, 2005]
| Article 3 (Notification of Construction or Upgrading of Toll Roads by Minister of Land, Infrastructure and Transport) |
Where the Minister of Land, Infrastructure and Transport intends to construct or upgrade a road to be managed by a local road management agency pursuant to Article 5 (1) of the Act, he or she shall notify the relevant local road management agency of the construction or upgrading of such road in advance. <Amended by Presidential Decree No. 24443, Mar. 23, 2013>
| Article 4 (Exercise of Authority by Minister of Land, Infrastructure and Transport on Behalf of Local Road Management Agencies) |
Authority of local road management agencies the Minister of Land, Infrastructure and Transport exercises on their behalf pursuant to Article 5 (4) of the Act shall be the authority under Articles 32 through 37, 39, 40, 46, 48, 49, 51, 52, 57, 61, 66, 68 through 70, 72 (4) (limited to the parts to which Articles 69 and 70 of the Road Act apply mutatis mutandis), 73, 74, 76, 77, 81, 83 (1), 89, 90, 91 (1) and (2), 96 through 98, and 101 of the Road Act. [This Article Wholly Amended by Presidential Decree No. 25456, Jul. 14, 2014]
| Article 5 (Construction or Upgrading of Toll Roads by Non-Road Management Agencies) |
Where a person who is not a road management agency (hereinafter referred to as "non-road management agency") intends to obtain permission for the construction or upgrading of a toll road pursuant to Article 6 of the Act, he or she shall submit an application stating the following to the relevant road management agency, along with documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as a project plan and drawings and specifications: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013> | 1. | Type of the road, the name of the route, and sections to be constructed or upgraded; |
| 2. | Construction cost estimate; |
| 3. | Scheduled date of commencement of construction and the scheduled date of completion of construction; |
| 4. | Amount of tools and methods and period for toll collection. |
| Article 6 (Public Announcement of Construction or Upgrading of Toll Roads) |
Where a toll road management agency executes a toll road construction or upgrading project pursuant to Article 7 (1) of the Act, it shall publicly announce the type and name of the route of the relevant toll road and work sections, the type and the date of commencement, etc. of the project on the Official Gazette or public gazette 15 days before it executes the project.
| Article 7 (Conducting Affairs by Persons Who Have Right to Manage Toll Roads on Behalf of Toll Road Management Agencies) |
A toll road management agency shall require a person who has the right to manage a toll road to conduct affairs under Articles 31 (1), 33 through 35, 40 (4), 46 (2), 47 (2), 49 (2), 55, 57, 60 (2), 61, 65, 66, 69, 70, 72 (1) through (3), 72 (4) (limited to the parts to which Articles 69 and 70 of the Road Act apply mutatis mutandis), 73, 76, 77, 81, 83 (1), 89, 90, 91 (1), (2), and (4), 95 through 97, 98 (2) and (3), 99, and 102 of the Road Act on the agency’s behalf pursuant to Article 14 of the Act. [This Article Wholly Amended by Presidential Decree No. 25456, Jul. 14, 2014]
| Article 8 (Vehicles Eligible for Exemption from or Reduction of Tolls and Percentage of Exemption or Reduction) |
| (1) | "Vehicles prescribed by Presidential Decree" in Article 15 (2) of the Act means the following vehicles: <Amended by Presidential Decree No. 18667, Dec. 31, 2004; Presidential Decree No. 18821, May 7, 2005; Presidential Decree No. 20323, Oct. 15, 2007; Presidential Decree No. 20541, Jan. 11, 2008; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 20784, May 19, 2008; Presidential Decree No. 23734, Apr. 17, 2012; Presidential Decree No. 24085, Sep. 5, 2012; Presidential Decree No. 24247, Dec. 21, 2012; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25456, Jul. 14, 2014; Presidential Decree No. 27088, Apr. 5, 2016; Presidential Decree No. 28191, Jul. 17, 2017; Presidential Decree No. 28329, Sep. 19, 2017; Presidential Decree No. 28700, Mar. 13, 2018; Presidential Decree No. 29417, Dec. 24, 2018; Presidential Decree No. 29492, Jan. 15, 2019; Presidential Decree No. 29657, Mar. 26, 2019; Presidential Decree No. 30302, Dec. 31, 2019> |
| 1. | Vehicles for police operations, vehicles for traffic enforcement, and vehicles for the construction, maintenance, and management of toll roads; |
| 1-2. | Transport vehicles prescribed by the Minister of Land, Infrastructure and Transport to cope with the nation's logistics paralysis due to a natural disaster or walkout, or other emergencies corresponding thereto, where it is deemed inappropriate to collect tolls for a fixed period of time; |
| 1-3. | Vehicles confirmed by a person who has the right to manage a toll road, where it becomes impracticable to continue to use a toll road as vehicles are isolated for a long time due to traffic blockage or are required by the person who has the right to manage the toll road to detour to another road after traffic is urgently restricted on a motorway pursuant to 76 (6) of the Road Act; |
| 3. | Vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport which are owned by persons with disabilities registered pursuant to Article 32 of the Act on Welfare of Persons with Disabilities or their family members registered in the same resident registration card for each family as theirs and used by the relevant persons with disabilities; |
| (a) | Less than 1,000 cubic centimeters of engine displacement; |
| (b) | Not more than 3.6 meters in length, 1.6 meters in width, and 2.0 meters in height; |
| 6. | Cars, vans, and trucks with less than three axles (excluding trucks which receive a discount on tolls pursuant to subparagraph 8) passing through an exit tollgate after paying a toll using an electronic payment means under paragraph (6) during the morning rush hour and the evening rush hour (referring to the time slot from 5:00 a.m. to 9:00 a.m. and from 6:00 p.m. to 10:00 p.m., and excluding Saturdays, Sundays, and public holidays) where such cars, vans, and trucks operate on a section less than 20 kilometers based on the distance between the entrance tollgate and the exit tollgate among motorways managed by the Korea Expressway Corporation under the Korea Expressway Corporation Act; |
| 7. | The following vehicles with three or more axles using motorways during the night-time hours (referring to hours from 9:00 p.m. to 6:00 a.m. of the following day; hereinafter the same shall apply), until December 31, 2020: |
| 8. | Vehicles paying tolls using an exclusive payment means for trucks and construction machinery among electronic payment means under paragraph (6), which are vehicles with less than three axles under the items of subparagraph 7 using motorways during the night-time hours, until December 31, 2020; |
| 9. | Electric vehicles and fuel cell electric vehicles using motorways, which pay tolls by using an electronic payment means exclusive for electric vehicles and fuel cell electric vehicles among electronic payment means under paragraph (6), until December 31, 2020; |
| 9-2. | Of fixed-route motor vehicles for passenger transport business under subparagraph 1 of Article 3 of the Enforcement Decree of the Passenger Transport Service Act or of motor vehicles for chartered bus transport business under subparagraph 2 (a) of the same Article that use motorways until December 31, 2024, those that satisfy all of the following items. In such cases, the reduction or exemption period shall be one year from the issuance date of the payment means exclusively used for motor vehicles with an autonomous emergency braking system prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as “autonomous emergency braking system”) among the payment means provided for in paragraph (6): |
| (b) | Motor vehicles fitted with an autonomous emergency braking system; |
| (c) | Of motor vehicles issued with the payment means exclusively used for motor vehicles fitted with an autonomous emergency braking system among the electronic payment means under paragraph (6), those that pays a toll by such payment means, until December 31, 2023; |
| 10. | Deleted. <by Presidential Decree No. 29492, Jan. 15, 2019> |
| (2) | “Days specified by Presidential Decree, such as Seollal (Lunar New Year) and Chuseok (Mid-Autumn) holidays” in Article 15 (3) of the Act means the following: <Newly Inserted by Presidential Decree No. 29492, Jan. 15, 2019> |
| 1. | The day before Seollal, Seollal, and the day after Seollal (the last day of December and the 1st and 2nd of January in the lunar calendar); |
| 2. | The day before Chuseok, Chuseok, and the day after Chuseok (from 14th to 16th of August in the lunar calendar); |
| 3. | Other periods designated after deliberation by the State Council. |
| (3) | Percentages of exemption from or reduction of tolls of vehicles eligible for exemption or reduction under paragraphs (1) and (2) and Article 15 (2) of the Act shall be in accordance with the following classification: Provided, That where at least two requirements for vehicles eligible for exemption or reduction (including cases falling under paragraph (6)) are overlapped, only the highest percentage of exemption or reduction shall apply: <Amended by Presidential Decree No. 18667, Dec. 31, 2004; Presidential Decree No. 18821, May 7, 2005; Presidential Decree No. 20784, May 19, 2008; Presidential Decree No. 23320, Nov. 28, 2011; Presidential Decree No. 24085, Sep. 5, 2012; Presidential Decree No. 27088, Apr. 5, 2016; Presidential Decree No. 28191, Jul. 17, 2017; Presidential Decree No. 28329, Sep. 19, 2017; Presidential Decree No. 28700, Mar. 13, 2018; Presidential Decree No. 29417, Dec. 24, 2018; Presidential Decree No. 29492, Jan. 15, 2019> |
| (a) | Vehicles for military operations, ambulances and emergency vehicles, and vehicles engaged in firefighting activities; |
| (b) | Vehicles under paragraph (1) 1 and 1-2 through 1-4; |
| (c) | Vehicles which are owned by persons of distinguished service to the State (limited to persons of distinguished service to the State whose disabilities are graded 1 through 5) or their family members registered in the same resident registration card for each family as theirs and used by the relevant persons of distinguished service to the State, among vehicles under paragraph (1) 2; |
| (d) | Vehicles which are owned by persons injured during May 18 Democratization Movement (limited to persons injured during May 18 Democratization Movement whose disabilities are graded 1 through 5) or their family members registered in the same resident registration card for each family as theirs and used by the relevant persons injured during May 18 Democratization Movement, among vehicles under paragraph (1) 2-2; |
| (e) | Vehicles that use a motorway determined and publicly notified by the Minister of Land, Infrastructure and Transport on the days specified in the subparagraphs of paragraph (2); |
| (a) | Vehicles which are owned by persons of distinguished service to the State (limited to persons of distinguished service to the State whose disabilities are graded 6 or 7) or their family members registered in the same resident registration card for each family as theirs and used by the relevant persons of distinguished service to the State, among vehicles under paragraph (1) 2; |
| (b) | Vehicles which are owned by injured persons during May 18 Democratization Movement (limited to persons injured during May 18 Democratization Movement whose disabilities are graded 6 through 14) or their family members registered in the same resident registration card for each family as theirs and used by the relevant persons injured during May 18 Democratization Movement, among vehicles under paragraph (1) 2-2; |
| (c) | Vehicles under paragraph (1) 3 through 5; |
| (d) | Vehicles that pass through an exit tollgate during the hours from 5:00 a.m. to 7:00 a.m. or from 8:00 p.m. to 10 p.m., among vehicles under paragraph (1) 6; |
| (e) | Any of the following vehicles among vehicles under paragraph (1) 7 and 8: |
| (i) | Vehicles the operation of which during the night-time hours accounts for at least 70/100 of the hours of their operation on motorways (referring to hours until they pass through an exit tollgate after they pass through an entrance tollgate; hereinafter the same shall apply); |
| (ii) | Vehicles that pass through an open tollgate (referring to a tollgate on motorways where fixed toll rates are paid when vehicles pass through the tollgate, which is not classified into an entrance tollgate and an exit tollgate) from 11:00 p.m. to 5:00 a.m. of the following day; |
| (f) | Vehicles under paragraph (1) 9; |
| (a) | Vehicles the operation of which during the night-time hours accounts for at least 20/100 but less than 70/100 of the hours of their operation on motorways among vehicles under paragraph (1) 7 and 8; |
| (b) | Vehicles under paragraph (1) 9-2; |
| 4. | 20/100 of a toll: Motor vehicles prescribed in paragraph (1) 6 (excluding those falling under subparagraph 2 (d)). |
| (4) | Any person who intends to get exemption from or reduction of a toll pursuant to paragraph (3) shall prove whether his or her vehicle is eligible for exemption or reduction, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 29492, Jan. 15, 2019> |
| (5) | A local government (limited to the Special Metropolitan City, Metropolitan Cities, a Special Self-Governing City, Dos, and a Special Self-Governing Province) that is a toll road management agency may otherwise prescribe by municipal ordinance vehicles eligible for exemption from or reduction of tolls and percentages of exemption from or reduction of tolls by expanding the scope of such eligibility and percentages more than those under paragraphs (1) to (3), in consideration of the current status of the construction of toll roads in the area under its jurisdiction, the complexity of the traffic system, and the characteristics of the toll collection system. <Amended by Presidential Decree No. 28191, Jul. 17, 2017; Presidential Decree No. 29492, Jan. 15, 2019> |
| (6) | Where a person who has the right to manage a toll road introduces an electronic payment means to shorten the time for collecting tolls, he or she may reduce a toll within 10/100 of the toll for vehicles that pay the toll using the electronic payment means. In such cases, he or she shall obtain approval from a toll road management agency in advance. <Newly Inserted by Presidential Decree No. 18667, Dec. 31, 2004; Presidential Decree No. 29492, Jan. 15, 2019> |
| (8) | A person who intends to apply for the support under paragraph (7) shall submit to the Minister of Land, Infrastructure and Transport, documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport such as those supporting the fact of toll reduction or exemption for the preceding year, by March 31 every year. <Newly Inserted by Presidential Decree No. 29492, Jan. 15, 2019> |
| (9) | Notwithstanding paragraphs (7) and (8), where a concession agreement provides for the support of costs arising from toll reduction or exemption under Article 15 (2) and (3) of the Act with respect to a public-private partnership road defined in subparagraph 2 (b) of Article 2 of the Act (hereinafter referred to as “public-private partnership road”), such support shall be provided in accordance with the concession agreement. <Newly Inserted by Presidential Decree No. 29492, Jan. 15, 2019> |
| Article 9 (Extent of Reserves for Compensation for Loss) |
A reserve for compensation for loss included in the total amount of the cost of toll road construction and maintenance pursuant to Article 16 (3) of the Act shall be within 10/100 of the cost of toll road maintenance and management in the relevant year.
| Article 10 (Toll Collection Period, etc.) |
| (1) | A toll road management agency shall prescribe the toll collection period within the scope of 30 years pursuant to Article 16 of the Act. |
| (2) | The total amount of the cost of toll road construction and maintenance under Article 16 of the Act shall be the aggregate amount of the following costs: |
| 2. | Cost of road construction; |
| 3. | Compensation cost for land, etc.; |
| 4. | Other costs incurred for the construction and maintenance of the toll road. |
| (3) | A toll road management agency shall prescribe and announce detailed matters concerning the calculation of the total amount of the cost of construction and maintenance under paragraph (2) in consideration of the type of the road, the size of construction work, methods of maintenance and management, etc. |
| Article 11 (Deliberation on Matters concerning Tolls) |
| (1) | Where the Minister of Land, Infrastructure and Transport is a toll road management agency, matters concerning determination of tolls under Article 16 of the Act and approval for the collection of tolls under Article 17 of the Act shall be deliberated on by the Road Policy Deliberative Committee under Article 9 of the Road Act. <Amended by Presidential Decree No. 18821, May 7, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 21234, Dec. 31, 2008; Presidential Decree No. 24443 Mar. 23, 2013; Presidential Decree No. 25246, Jul. 14, 2014> |
| (2) | Where a local road management agency is a toll road management agency, matters concerning determination of tolls under Article 16 of the Act and approval for the collection of tolls under Article 17 of the Act shall be deliberated on by the toll deliberative committee, which is composed of at least seven but not more than nine members including the chairperson under the jurisdiction of the local road management agency. |
| (3) | A person appointed by the head of the relevant local road management agency from among the members of the toll deliberative committee shall serve as the chairperson thereof, and persons appointed or commissioned by the head of the relevant local road management agency from among the following persons shall serve as the members thereof: |
| 1. | Persons in charge of affairs concerning roads of the relevant local road management agency; |
| 2. | Executive officers and employees of organizations related to roads; |
| 3. | Persons who have extensive knowledge and experience in affairs concerning roads; |
| 4. | Representatives of consumer organizations; |
| 5. | Economists or accounting experts. |
| (4) | Other necessary matters concerning the organization, operation, etc. of the toll deliberative committee shall be prescribed by ordinance of a local government that is the relevant local road management agency. |
| Article 12 (Integrated Accounting Systems) |
| (1) | Where a person who has the right to manage a toll road intends to obtain approval from a toll road management agency in order to collect tolls by counting two or more toll roads as one toll road pursuant to Article 18 of the Act, he or she shall submit an application stating the following to the relevant toll road management agency, along with documents prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as written grounds for integrated collection of tolls and an annual balanced budget statement: <Amended by Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 25456, Jul. 14, 2014> |
| 1. | Name of the route for which tolls are collected by counting two or more toll roads as one toll road; |
| 2. | Total amount of the cost of construction and maintenance of two or more toll roads for which tolls are collected collectively; |
| 3. | Total amount of tolls of two or more toll roads for which tolls are collected collectively; |
| 4. | Toll collection period and sections of two or more toll roads for which tolls are collected collectively. |
| (2) | A toll road management agency shall notify a person who has the right to manage a toll road of whether it approves an integrated accounting system within 60 days from the date on which it receives an application under paragraph (1). <Newly Inserted by Presidential Decree No. 25456, Jul. 14, 2014> |
| Article 13 (Public Announcement of Collection of Tolls) |
Where a toll road management agency or a person who has the right to manage a toll road intends to collect tolls, such agency or person shall publicly announce the following on the Official Gazette or public gazette pursuant to Article 19 of the Act: | 1. | Type and sections of a toll road for which tolls are collected; |
| 2. | A person who collects tolls; |
| 4. | Toll collection period; |
| 5. | Vehicles subject to payment of tolls; |
| 6. | Vehicles eligible for exemption from or reduction of tolls; |
| 7. | Methods of collecting tolls; |
| Article 14 (Imposition and Collection of Additional Tolls) |
"Additional toll prescribed by Presidential Decree within the limits of 10 times the toll exempted or discounted" in Article 20 (1) of the Act means the amount equivalent to 10 times the toll exempted or discounted because a driver performs any of the following acts: <Amended by Presidential Decree No. 18667, Dec. 31, 2004> | 1. | Getting an exemption from or discount on a toll by counterfeiting or forging a token indicating transit (hereinafter referred to as "ticket") or a card or mechanical device used as a means of payment; |
| 2. | Getting an exemption from or discount on a toll by exchanging his or her ticket with another's ticket; |
| 3. | Getting an exemption from or discount on a toll by counterfeiting or forging a token proving that he or she is the person eligible for exemption from or reduction of the toll; |
| 4. | Getting an exemption from or discount on a toll by using a token proving the person eligible for exemption from or reduction of the toll owned by another person; |
| 5. | Driving a vehicle on the toll road without paying a toll. |
| Article 15 (Compulsory Collection of Tolls) |
| (1) | Where a person who has the right to manage a toll road entrusts the collection of tolls and additional tolls pursuant to Article 21 (2) of the Act, he or she shall send a written entrustment of collection stating the names of persons subject to payment, their domiciles, the amounts to be paid, grounds for payment, the period during which tolls and additional tolls should be paid, subsidies, and other necessary matters, to the Minister of Land, Infrastructure and Transport or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the domiciles of the persons subject to payment. <Amended by Presidential Decree No. 29492, Jan. 15, 2019> |
| (2) | The Minister of Land, Infrastructure and Transport, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu who receives a written entrustment of collection under paragraph (1) shall, without delay, commence procedures for collecting tolls and additional tolls under Article 21 (3) or (5) of the Act. <Amended by Presidential Decree No. 29492, Jan. 15, 2019> |
| (3) | Where the Korea Expressway Corporation under the Korea Expressway Corporation Act or the support center for managing public-private partnership roads under Article 23-7 of the Act (hereinafter referred to as the “support center for managing public-private partnership roads”) collects tolls and additional tolls in the same manner as delinquent national taxes are collected pursuant to Article 21 (4) or the former part of paragraph (6) of the same Article of the Act or in accordance with the Act on the Collection of Local Administrative Penalty Charges, it shall submit an application for approval stating the following to the Minister of Land, Infrastructure and Transport in advance: <Amended by Presidential Decree No. 18821, May 7, 2005; Presidential Decree No. 20722, Feb. 29, 2008; Presidential Decree No. 24443, Mar. 23, 2013; Presidential Decree No. 29492, Jan. 15, 2019; Presidential Decree No. 30545, Mar. 24, 2020> |
| 1. | Names and domiciles of persons subject to collection; |
| 2. | Grounds for collection; |
| 3. | Tolls and additional tolls; |
| 4. | Payment periods for tolls and additional tolls. |
| Article 15-2 (Establishment and Operation of Vehicle Image Recognition Systems) |
| (1) | Information that may be processed by a vehicle image recognition system (hereinafter referred to as "vehicle image recognition system") under Article 21-2 (1) of the Act shall be the following information: |
| 1. | Vehicle registration numbers and construction machinery registration numbers; |
| 2. | Types and colors of vehicles; |
| 3. | Image information at the point of time vehicles pass through entrance tollgates and exit tollgates or tollgates which they pass by; |
| 4. | Date and time when vehicles pass through entrance tollgates and exit tollgates or tollgates which they pass by. |
| (2) | Where a toll road management agency or a person who has the right to manage a toll road intends to share vehicle image information (referring to information processed by the vehicle image recognition system pursuant to paragraph (1); hereinafter the same shall apply) pursuant to Article 21-2 (2) of the Act, such agency or person shall formulate and implement a management plan including the following: |
| 1. | Matters concerning measures to block unlawful access to vehicle image information; |
| 2. | Matters concerning keeping and inspecting access records; |
| 3. | Matters concerning security for safely storing and transmitting vehicle image information. |
| (3) | The Minister of Land, Infrastructure and Transport shall prescribe and publicly notify the specific guidelines for matters under the subparagraphs of paragraph (2). |
[This Article Newly Inserted by Presidential Decree No. 27554, Oct. 25, 2016]
| Article 15-3 (Information to Ascertain Eligibility for Exemption from or Reduction of Tolls) |
| 1. | Any of the following information to ascertain a person eligible for exemption from or reduction of tolls under Article 8 (1): |
| (a) | Whether a person is registered as a person of distinguished service to independence under Article 8 (1) 1-4; |
| (b) | Whether a person is registered as a person of distinguished service to the State under Article 8 (1) 2, and his or her disability grade; |
| (c) | Whether a person is registered as a person of distinguished service to the May 18 Democratization Movement under Article 8 (1) 2-2, and his or her disability grade; |
| (d) | Whether a person is registered as a person with disabilities under Article 8 (1) 3; |
| (e) | Whether a person is registered as a patient suffering from actual or potential aftereffects of defoliants under Article 8 (1) 4; |
| (f) | Number and expiration date of a card used or presented for toll exemption or reduction by a person eligible for exemption from or reduction of tolls under items (a) through (e); |
| 2. | Any of the following information to ascertain a vehicle eligible for exemption from or reduction of tolls under Article 8 (1): |
| (a) | A type of a vehicle under Article 8 (1) 1-4, 2, 2-2, and 3 through 7; |
| (b) | The number of axles of a vehicle under Article 8 (1) 6 through 8; |
| (c) | An engine displacement of a vehicle under Article 8 (1) 2, 2-2, 3 through 5; |
| (d) | The fixed number of passengers and maximum carrying capacity of a vehicle under Article 8 (1) 1-4, 2, 2-2, 3, and 4; |
| (e) | Length, width, and height of a vehicle under Article 8 (1) 5; |
| (f) | Fuel used for a vehicle under Article 8 (1) 9; |
| 3. | Information about the registration place of a vehicle under Article 8 (1) 9, which is necessary for a local government (limited to the Special Metropolitan City, Metropolitan Cities, a Special Self-Governing City, Dos, and a Special Self-Governing Province) that is a toll road management agency, to otherwise prescribe by municipal ordinance vehicles eligible for exemption from or reduction of tolls and percentages of exemption from or reduction of tolls by expanding the scope of such eligibility and percentages for the relevant vehicle pursuant to paragraph (5) of the same Article. |
[This Article Newly Inserted by Presidential Decree No. 28191, Jul. 17, 2017]
| Article 15-4 (Requests for Amending Concession Agreement Due to Changes in Circumstances) |
| (2) | “Interest rate exceeding the standard rate specified by Presidential Decree” in Article 23-5 (1) 4 of the Act means the interest rate that exceeds the lowest of the following: |
| 3. | Where there is an agreement between the public-private partnership road business entity and the toll road management agency with respect to the maximum interest rate for the said business entity to borrow money, the interest rate. |
| (3) | “Cases prescribed by Presidential Decree” in Article 23-5 (1) 6 of the Act means the cases where any of the following results in a change by at least 30/100 in the traffic volume specified in the concession agreement after the execution of the said agreement: |
| 1. | Connection of another road unexpected at the time the concession agreement was entered into for the relevant public-private partnership road; |
| 2. | A change in traffic flow on a section of the relevant public-private partnership road, which substantially disrupts the functions of a toll road such as the passage speed of motor vehicles and safety and convenience of users; |
| 4. | An amendment to relevant statutes or regulations, or a change of toll road policies; |
| 5. | Any other reason equivalent to those specified in subparagraphs 1 through 4, which causes a significant change in traffic conditions. |
[This Article Newly Inserted by Presidential Decree No. 29492, Jan. 15, 2019]
| Article 15-5 (Designation of Support Center for Managing Public-Private Partnership Roads) |
“Period prescribed by Presidential Decree” in the provision, with the exception of the subparagraphs, of Article 23-7 (1) of the Act means five years. [This Article Newly Inserted by Presidential Decree No. 29492, Jan. 15, 2019]
| Article 16 (Guidelines for Preparation of Accounting Reports) |
A person who has the right to manage a toll road shall prepare a separate accounting report on each toll road which he or she should submit to the relevant toll road management agency pursuant to Article 24 (2) of the Act. The same shall also apply to cases where he or she collects tolls by counting two or more toll roads as one toll road pursuant to Article 18 of the Act.
| Article 16-2 (Criteria for Imposing Penalty Surcharges) |
| (1) | “Toll revenue specified by Presidential Decree” in the provision, with the exception of the subparagraphs, of Article 25-2 (1) of the Act means the annual toll revenue specified in the notes to attached Table 1. |
| (2) | The amounts of penalty surcharges based on the types and gravity of violations under Article 25-2 (1) of the Act shall be as specified in attached Table 1. |
| (3) | Where a toll road management agency imposes a penalty surcharge under Article 25-2 (1) of the Act, it shall notify in writing the type of violation and the amount of the penalty surcharge. |
| (4) | A person who has received a notice under paragraph (3) shall pay the penalty surcharge to the collecting agency designated by the toll road management agency no later than 60 days after the notice. |
[This Article Newly Inserted by Presidential Decree No. 29492, Jan. 15, 2019]
| Article 16-3 (Management of Personally Identifiable Information) |
[This Article Newly Inserted by Presidential Decree No. 28191, Jul. 17, 2017]
| Article 17 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years, counting from January 1, 2017 (referring to the period that ends on the day before January 1 of every third year) and shall take measures, such as making improvements:
| 1. | Vehicles eligible for exemption from or reduction of tolls and percentages of exemption or reduction under Article 8; |
| 2. | Imposition of additional tolls under Article 14. |
[This Article Wholly Amended by Presidential Decree No. 27751, Dec. 30, 2016]
| Article 18 (Guidelines for Imposition of Administrative Fines) |
Guidelines for the imposition of administrative fines under Article 28 of the Act shall be as specified in attached Table 2. <Amended by Presidential Decree No. 29492, Jan. 15, 2019> [This Article Newly Inserted by Presidential Decree No. 25456, Jul. 14, 2014]
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Vehicles Eligible for Exemption from or Reduction of Tolls)
Notwithstanding the amended provisions of Article 8 (1), the previous provision thereof shall apply to vehicles eligible for exemption from or reduction of tolls prescribed by the Minister of Land, Infrastructure and Transport pursuant to the previous provision of subparagraph 4 of Article 6 as at the time this Decree enters into force from the enforcement date of this Decree to the date on which 11 years elapse: Provided, That vehicles eligible for discount on trucks operating on motorways during the night-time hours (referring to those prescribed by the former Minister of Construction and Transport pursuant to Public Announcement No. 1999-389 of the Ministry of Construction and Transport) among vehicles eligible for exemption from or reduction of tolls shall be limited to trucks for trucking business under subparagraph 2 of Article 2 of the Trucking Transport Business Act and construction machinery for construction machinery rental business under Article 2 (1) 3 of the Construction Machinery Management Act. <Amended by Presidential Decree No. 19637, Aug. 1, 2006; Presidential Decree No. 21715, Sep. 3, 2009> Article 3 Omitted.
ADDENDA <Presidential Decree No. 18667, Dec. 31, 2004>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Imposition and Collection of Additional Tolls) The imposition and collection of additional tolls under the amended provisions of Article 14 shall begin to apply to cases where a reason for imposition of an additional toll arises after this Decree enters into force. |
ADDENDA <Presidential Decree No. 18821, May 7, 2005>
| (1) | (Enforcement Date) This Decree shall enter into force on the date of its promulgation. |
| (2) | (Applicability to Percentage of Financial Support for Toll Roads) The amended provisions of Article 2-2 shall begin to apply to the first toll road constructed or reconstructed after this Decree enters into force. |
ADDENDUM <Presidential Decree No. 19637, Aug. 1, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20323, Oct. 15, 2007>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 20541, Jan. 11, 2008>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20722, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That among Presidential Decrees amended pursuant to Article 6 of the Addenda, the amended parts of Presidential Decrees which were promulgated before this Decree enters into force, whose enforcement dates have not come, shall enter into force on the enforcement dates of the relevant Presidential Decrees, respectively. Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 20784, May 19, 2008>
This Decree shall enter into force on May 20, 2008.
ADDENDA <Presidential Decree No. 21234, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 21715, Sep. 3, 2009>
This Decree shall enter into force on September 6, 2009.
ADDENDUM <Presidential Decree No. 23320, Nov. 28, 2011>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 23734, Apr. 17, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 18, 2012.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24085, Sep. 5, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on September 7, 2012.
Article 2 Deleted. <by Presidential Decree No. 28700, Mar. 13, 2018>
ADDENDA <Presidential Decree No. 24247, Dec. 21, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Presidential Decree No. 24443, Mar. 23, 2013>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25011, Dec. 17, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25050, Dec. 30, 2013>
This Decree shall enter into force on January 1, 2014. (Proviso Omitted.)
ADDENDA <Presidential Decree No. 25456, Jul. 14, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 15, 2014.
Articles 2 through 6 Omitted.
ADDENDUM <Presidential Decree No. 25457, Jul. 14, 2014>
This Decree shall enter into force on July 15, 2014.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 25941, Dec. 30, 2014>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 26813, Dec. 30, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27088, Apr. 5, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force three months after the date of its promulgation.
Article 2 Deleted. <by Presidential Decree No. 28700, Mar. 13, 2018>
ADDENDUM <Presidential Decree No. 27554, Oct. 25, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27740, Dec. 30, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.
ADDENDA <Presidential Decree No. 28191, Jul. 17, 2017>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 8 (1) 9 and (2) 2 (f), and subparagraphs 2 (f) and 3 of Article 15-3 shall enter into force two months after the date of the promulgation. Article 2 Deleted. <by Presidential Decree No. 28700, Mar. 13, 2018>
ADDENDUM <Presidential Decree No. 28329, Sep. 19, 2017>
This Decree shall enter into force on September 20, 2017.
ADDENDUM <Presidential Decree No. 28556, Dec. 29, 2017>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 28700, Mar. 13, 2018>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 29417, Dec. 24, 2018>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of subparagraphs 2 (e) (i), 3 (a), and 4 of Article 8 (2) shall enter into force three months after the date of the promulgation.
ADDENDUM <Presidential Decree No. 29492, Jan. 15, 2019>
This Decree shall enter into force on January 17, 2019.
ADDENDA <Presidential Decree No. 29657, Mar. 26, 2019>
Article 1 (Enforcement Date)
This Decree shall enter into force on April 1, 2019.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 30302, Dec. 31, 2019>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 30545, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.