ACT ON THE SUPPORT AND PROMOTION OF USE OF PUBLIC TRANSPORTATION
Act No. 7381, Jan. 27, 2005
Amended by Act No. 7604, Jul. 21, 2005
Act No. 8852, Feb. 29, 2008
Act No. 9045, Mar. 28, 2008
Act No. 9064, Mar. 28, 2008
Act No. 9772, jun. 9, 2009
Act No. 9869, Dec. 29, 2009
Act No. 10158, Mar. 22, 2010
Act No. 11690, Mar. 23, 2013
Act No. 12216, Jan. 7, 2014
Act No. 13477, Aug. 11, 2015
Act No. 13682, Dec. 29, 2015
Act No. 14856, Aug. 9, 2017
Act No. 15996, Dec. 18, 2018
Act No. 17231, Apr. 7, 2020
Act No. 17446, jun. 9, 2020
Act No. 17453, jun. 9, 2020
Act No. 17449, jun. 9, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to provide for matters necessary to systematically cultivate and support public transportation and encourage the people to use public transportation so as to enhance the convenience of transportation for the people and the efficiency of transportation systems.
The terms used in this Act are defined as follows: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jan. 7, 2014; Dec. 29, 2015; Apr. 7, 2020; Jun. 9, 2020>
| 1. | The term "public transportation" means a transportation system established by means of public transportation and public transportation facilities under this Act; |
| 2. | The term "means of public transportation" means a transportation means falling under any of the following items, which is used to transport people in large numbers according to a specific route and operation schedule: |
| (e) | Other transportation means determined by Presidential Decree. |
| 3. | The term "public transportation facility" means any facility or structure falling under any of the following items, which is necessary for the operation of means of public transportation: |
| (a) | Any facility or structure necessary for the smooth operation of route buses, such as bus terminals, bus stops, depots and exclusive bus lanes; |
| (e) | Facilities or structures necessary for smooth operation of passenger ships, such as passenger terminals, docks, berthing facilities, and auxiliary facilities for embarkation and disembarkation; |
| (f) | Other facilities and structures determined by Presidential Decree, which are associated with the operation of means of public transportation; |
| 4. | The term "public transportation operator" means a person falling under any of the following items who operates a means of public transportation, or runs or manages a public transportation facility: |
| 5. | The term "stream-lined bus transit system" means a transportation system to operate buses rapidly with exclusive bus lanes, convenient transit facilities, preferential passes for buses in the crossroad, and other matters determined by Ordinance of the Ministry of Land, Infrastructure and Transport; |
| 6. | The term “transportation card” means a card or other media by which transportation fares are electronically paid and settled; |
| 7. | The term “transportation card data” means data which are necessary for checking the status of movement of users of public transportation means, and are processed in such a form that the users of transportation cards cannot be identified, among electronic data concerning the use of public transportation means by transportation cards. |
| Article 3 (Duties of State) |
| (1) | The State and local governments shall formulate and enforce policies for the matters in each of the following subparagraphs to cultivate and support public transportation so as to enable all citizens to use public transportation conveniently and safely: <Amended on Jun. 9, 2020> |
| 1. | Dissemination of diverse and new means of transportation, expansion of facilities and equipment, and strengthening of support for the improvement of public transportation services; |
| 2. | Improvement of public transportation services to span a wide area; |
| 3. | Development and dissemination of environment-friendly means of public transportation; |
| 4. | Enhancement of convenience in transits between means of public transportation; |
| 6. | Strengthening of public transportation services in inland areas, islands, secluded areas and other areas; |
| 7. | Provision of information necessary for public transportation use; |
| 8. | Other matters determined by Presidential Decree to cultivate and encourage the use of public transportation. |
| (2) | Every public transportation operator shall cooperate in the public transportation policies of the State or local governments and make efforts to improve services so as to enable citizens to use public transportation conveniently and safely. |
| Article 4 (Rights and Duties of Citizens) |
| (1) | When being provided with public transportation services, every citizen shall have a right to use public transportation conveniently and safely without facing any unfair discrimination. <Amended on Jun. 9, 2020> |
| (2) | Every citizen shall cooperate in the public transportation policies of the State and local governments and use public transportation in a manner that conforms to public safety and interests. |
| Article 4-2 (Scope of Application) |
Except as otherwise provided in this Act or any other statute, this Act shall apply only to Articles 1 through 9 with respect to means of public transportation referred to in subparagraph 2 (d) of Article 2 and public transportation facilities referred to in subparagraph 3 (e) of Article 2. [This Article Newly Inserted on Apr. 7, 2020]
CHAPTER II FORMULATION OF PUBLIC TRANSPORTATION MASTER PLAN
| Article 5 (Formulation of Master Plan for Public Transportation) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a master plan for public transportation (hereinafter referred to as "master plan") every five years, listening to the opinions of the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayors/Do Governors") to cultivate and support public transportation and encourage citizens to use public transportation. In such cases, the Minister of Land, Infrastructure and Transport shall consult with the Minister of Oceans and Fisheries with respect to maritime public transportation. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 11, 2015; Apr. 7, 2020> |
| (2) | Master plans shall include each of the following matters: <Amended on Dec. 29, 2009; Apr. 7, 2020; Jun. 9, 2020> |
| 1. | Current state of and outlook for public transportation; |
| 2. | Basic directions for and objectives of public transportation policies; |
| 3. | Current state and target of modal split; |
| 4. | Matters concerning the improvement and expansion of public transportation facilities and means of public transportation; |
| 5. | Matters concerning public transportation informatization, including the provision of information on public transportation use; |
| 6. | Current state of means of public transportation operating on unprofitable routes, adjustment of future operation and directions for support; |
| 7. | Matters concerning the encouragement to car owners to use public transportation; |
| 8. | Matters concerning the improvement of connectivity between the use of bicycles and the use of public transportation; |
| 9. | Matters concerning the enhancement of convenience of public transportation use for residents in agricultural and fishing villages and secluded areas; |
| 10. | Measures for financing necessary for the promotion of master plans; |
| 12. | Matters concerning support for training, and managing supply of and demand for, railroad train crew under subparagraph 7 of Article 2 of the Railroad Enterprise Act; |
| 13. | Other matters determined by Presidential Decree for the improvement of, encouragement of use of, etc. public transportation services. |
| (3) | The Minister of Land, Infrastructure and Transport may demand the submission of material necessary for the formulation of master plans from the heads of the relevant central administrative agencies, Mayors/Do Governors, and public transportation operators to collect basic data necessary for the formulation of master plans. In such cases, the heads of the relevant central administrative agencies, Mayors/Do Governors, and public transportation operators shall comply with such demands, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| Article 6 (Finalization of Master Plans) |
| (1) | The Minister of Land, Infrastructure and Transport shall finalize master plans through deliberation by the National Transport Committee established under Article 106 of the National Transport System Efficiency Act (hereinafter referred to as the "National Transport Committee"). The same shall apply to cases of altering finalized master plans: Provided, That the same shall not apply to cases of altering minor matters determined by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 28, 2008; Jun. 9, 2009; Mar. 23, 2013; Jun. 9, 2020> |
| (2) | When the Minister of Land, Infrastructure and Transport intends to finalize or alter a master plan pursuant to paragraph (1), he or she shall listen to the opinions of relevant experts, etc. prior to the deliberation of the National Transport Committee: Provided, That the same shall not apply to cases of altering minor matters determined by Presidential Decree. <Amended on Feb. 29, 2008; Jun. 9, 2009; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport shall provide a public notice of master plans finalized or altered pursuant to paragraph (1) as prescribed by Presidential Decree and notify the heads of the relevant central administrative agencies and Mayors/Do Governors thereof. In such cases, the Mayors/Do Governors shall forward relevant documents to the heads of the competent Sis/Guns/Gus for public inspection. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| Article 7 (Formulation of Local Public Transportation Plan) |
| (1) | The Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si (hereinafter referred to as "City Mayor") or the head of a Gun (excluding the heads of Guns located in Metropolitan Cities; hereinafter the same shall apply) shall formulate a local public transportation plan (hereinafter referred to as "local public transportation plan") every five years, listening to the opinions of residents and relevant experts as prescribed by Presidential Decree, to cultivate and support public transportation in the local area concerned systematically and encourage residents to use public transportation in accordance with master plans: Provided, That in cases of reflecting matters which are to be included in the local public transportation plan when formulating the master plan for urban traffic improvement under Article 5 of the Urban Traffic Improvement Promotion Act, the mid-term plan for urban traffic improvement under Article 8 of the same Act, the plan for sustainable local transportation logistics development plan under Article 9 of the Sustainable Transportation Logistics Development Act, the plan for promotion of the transportation convenience of mobility disadvantaged persons under Article 6 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons, and transportation-related plans under other Acts, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, or the Special Self-Governing Province Governor, and a City Mayor (excluding the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, and the Special Self-Governing Province Governor) or the head of a Gun need not formulate the local public transportation plan in consultation with the Minister of Land, Infrastructure and Transport and the relevant Do Governor, respectively. <Amended on Aug. 11, 2015; Jun. 9, 2020> |
| (2) | When a City Mayor or the head of a Gun formulates a local public transportation plan, he or she shall consult with the heads of relevant public transportation facility management offices and the heads of adjacent Sis or Guns concerned. |
| (3) | When the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, or the Special Self-Governing Province Governor intends to formulate a local public transportation plan, he or she shall undergo deliberation by the local transport committee established under Article 110 of the National Transport System Efficiency Act (hereinafter referred to as "local transport committee"). <Amended on Mar. 28, 2008; Jun. 9, 2009; Aug. 11, 2015> |
| (4) | When a City Mayor or the head of a Gun proposes a local public transportation plan pursuant to paragraphs (2) and (3), the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, or the Special Self-Governing Province Governor shall submit the local public transportation plan proposal to the Minister of Land, Infrastructure and Transport and every City Mayor (excluding the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, and the Special Self-Governing Province Governor) or the head of a Gun to the relevant Do Governor as prescribed by Presidential Decree, before determining the relevant local public transportation plan. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 11, 2015; Jun. 9, 2020> |
| (5) | When the Minister of Land, Infrastructure and Transport or every Do Governor receives a local public transportation plan proposal pursuant to paragraph (4), he or she may, if he or she deems that the local public transportation plan proposal contains matters in discord with master plans or matters considered to be necessary for maintaining connection between and integration of local public transportation plans after examining its conformity with master plans, etc., request the relevant City Mayor or the head of the relevant Gun to alter the local public transportation plan proposal through deliberation by the National Transport Committee or the relevant local transport committee. <Amended on Feb. 29, 2008; Jun. 9, 2009; Mar. 23, 2013; Jun. 9, 2020> |
| (6) | Upon receipt of the request under paragraph (5), a City Mayor or the head of a Gun shall determine or publicly notify the local public transportation plan through accepting such request, unless there is a compelling reason not to do so, and make it available for public inspection. <Amended on Jun. 9, 2020> |
| (7) | At least two heads of Sis/Guns whose jurisdictional districts are adjacent to each other may, notwithstanding paragraph (1), jointly formulate the local public transportation plan, if necessary due to their belonging to the same transportation area. In such cases, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, or the Special Self-Governing Province Governor shall consult with the Minister of Land, Infrastructure and Transport, and City Mayors (excluding the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, and the Special Self-Governing Province Governor) and the heads of Guns shall consult with the relevant Do Governor. <Newly Inserted on Aug. 11, 2015> |
| Article 8 (Formulation of Annual Action Plans) |
| (1) | Each City Mayor and the head of each Gun shall formulate annual action plans to execute a local public transportation plan. |
| (2) | Matters necessary for the formulation, alteration, execution, etc. of annual action plans under paragraph (1) shall be determined by Presidential Decree. <Amended on Jun. 9, 2020> |
| Article 9 (Inclusion of Matters on Public Transportation Facilities in Development Project Plans) |
| (1) | When any person who formulates or implements plans for large-scale development projects, such as urban development, construction of industrial complexes, development of tourism complexes, construction of railways, roads, airports and harbors (hereafter in this Article referred to as "development project plan") formulates such development project plans, he or she shall include matters concerning public transportation facilities therein in accordance with facility standards determined by Presidential Decree. <Amended on Jun. 9, 2020> |
| (2) | Details on the subject matter of development projects in which matters concerning public transportation facilities are to be considered pursuant to paragraph (1) and the scope thereof shall be determined by Presidential Decree. <Amended on Jun. 9, 2020> |
| (3) | The head of the relevant administrative agency who grants authorization, approval, etc. for the development project plan shall confirm whether the matters concerning public transportation facilities under paragraph (1) are included in the relevant development project plan. <Amended on Jun. 9, 2020> |
CHAPTER III ENCOURAGEMENT OF USE AND SUPPORT OF PUBLIC TRANSPORTATION
| Article 10 (Measures for Preferential Passes for Means of Public Transportation) |
| (1) | When each City Mayor and the head of each Gun deems necessary to encourage the use of public transportation and secure a smooth flow of traffic, he or she shall take any of the following measures in consultation with the relevant administrative agencies for preferential passes for route buses and other means of public transportation: <Amended on Jun. 9, 2020> |
| 1. | Establishment of a bus rapid transit system; |
| 2. | Turning junctions into interchanges, such as an overpass or an underground passage; |
| 3. | Establishment of a route bus-centered intelligent transportation system; |
| 4. | Other measures determined by Presidential Decree to enable preferential passes for means of public transportation. |
| (2) | When the Minister of Land, Infrastructure and Transport deems necessary to secure preferential passes for and smooth traveling of means of public transportation on a highway, he or she may request the Commissioner General of the National Police Agency to install exclusive bus lanes. In such cases, the Commissioner General of the National Police Agency in receipt of such request shall comply therewith, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| Article 10-2 (Formulation of Master Plan for National Interoperation of Transportation Cards) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a master plan for the national interoperation of transportation cards so that transportation cards can be interoperable anywhere in Korea (hereinafter referred to as a “master plan for the national interoperation”). <Amended on Mar. 23, 2013; Dec. 29, 2015> |
| (2) | The master plan for national interoperation shall include each of the following matters: |
| 1. | General conditions, such as the actual condition of use and relations in use by regions; |
| 2. | Policy directions for national interoperation; |
| 3. | Details of major projects for national interoperation and directions for the promotion thereof; |
| 4. | Estimated expenses to be incurred in major projects for national interoperation, financing measures and investment plan; |
| 5. | Matters concerning the performance of pilot projects for national interoperation; |
| 6. | Other matters necessary for the interoperation of transportation cards. |
| (3) | The provisions of Article 6 (1) through (3) shall apply mutatis mutandis to the finalization or alteration of the master plan for national interoperation. |
[This Article Newly Inserted on Mar. 28, 2008]
| Article 10-3 (Formulation of Regional Plan for National Interoperation of Transportation Cards) |
| (1) | Every City Mayor or the head of each Gun shall formulate a regional action plan for the national interoperation of transportation cards (hereinafter referred to as "regional plan for national interoperation") for the administrative district concerned in accordance with the master plan for national interoperation. <Amended on Aug. 11, 2015> |
| (2) | When a City Mayor or the head of a Gun proposes a regional plan for national interoperation pursuant to paragraph (1), the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, and the Special Self-Governing Province Governor shall submit it to the Minister of Land, Infrastructure and Transport and other City Mayors (excluding the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, and the Special Self-Governing Province Governor) and the heads of Guns to Do Governors for approval. In such cases, when the Minister of Land, Infrastructure and Transport and Do Governors deems that the whole or part of the matters of the proposal is in discord with the master plan for national interoperation or necessary for maintaining inter-regional linkage and regional integration, they may order to supplement the matters of such proposal. <Amended on Mar. 23, 2013; Aug. 11, 2015> |
| (3) | When every City Mayor or the head of each Gun obtains the approval under paragraph (2), he or she shall make it available for public inspection. <Act No. 13477, Aug. 11, 2015> |
| (4) | The provisions of Article 7 (2) and (3) shall apply mutatis mutandis to the formulation of regional plans for national interoperation. |
[This Article Newly Inserted by Mar. 28, 2008]
| Article 10-4 (Formulation of Specific Area Plan for National Interoperation of Transportation Cards) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate a specific area plan for the national interoperation of transportation cards (hereinafter referred to as "specific area plan for national interoperation") in accordance with the master plan for national interoperation to enable transportation cards used for means of public transportation, the operational scope of which is not limited to the administrative district of a specific Metropolitan City/Do, such as railways and intercity buses or transportation cards used for national highways to be interoperable nationwide. In such cases, the Minister of Land, Infrastructure and Transport may use the plan proposals that he or she receives from the companies, institutions, etc. that run or manage means of public transportation and national highways. <Amended on Mar. 23, 2013> |
| (2) | The provisions of Article 6 (1) through (3) and Article 10-2 (2) shall apply mutatis mutandis to the formulation or alteration of the specific area plan for national interoperation. |
[This Article Newly Inserted on Mar. 28, 2008]
| Article 10-5 (Duty of Public Transportation Operators to Install and Operate Nationwide Interoperable Transportation Cards) |
Any of the following persons shall install and operate relevant apparatuses, such as a PDA (personal digital assistant) necessary to pay and settle fares by means of nationwide interoperable transportation cards on means of public transportation, transportation facilities, etc. as prescribed by the master plan for national interoperation, regional plan for national interoperation and specific area plan for national interoperation under Articles 10-2 through 10-4: <Amended on Mar. 22, 2010; Jan. 7, 2014> | 4. | A person holding the right to manage toll roads under Article 10 (2) of the Toll Road Act, such as the Korea Expressway Corporation established under the Korea Expressway Corporation Act. |
[This Article Newly Inserted on Mar. 28, 2008]
| Article 10-6 (Measures against Nonfulfillment of Duty of National Interoperation of Transportation Cards) |
With respect to public transportation operators who fail to fulfill the duty under Article 10-5, the State or each local government may fully or partially restrict the financial support under subparagraph 4 of Article 12 as prescribed by Presidential Decree. [This Article Newly Inserted on Mar. 28, 2008]
| Article 10-7 (Certification of Nationwide Interoperable Transportation Cards) |
| (1) | The Minister of Land, Infrastructure and Transport shall conduct duties concerning certification necessary to ensure the national interoperability of relevant apparatuses, such as transportation cards and PDAs installed and operated by public transportation operators, etc. pursuant to Article 10-5. <Amended on Mar. 23, 2013> |
| (2) | For the efficient promotion of the duties concerning certification under paragraph (1), the Minister of Land, Infrastructure and Transport may designate an institution or organization having the human resources and apparatuses determined by Presidential Decree to have it conduct such duties on his or her behalf. In such cases, such agency may receive the minimum funding necessary to conduct such duties from those who have transportation cards, PDAs and other relevant apparatuses certified as publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Newly Inserted on Mar. 28, 2008]
| Article 10-8 (Collection, Management and Submission of Transportation Card Data) |
| (1) | The Minister of Land, Infrastructure and Transport shall collect and manage transportation card data to grasp the status of movement of users of public transportation means. |
| (2) | In order to collect and manage transportation card data pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport may, as prescribed by Presidential Decree, make a request for submission of transportation card data to public transportation operators, the association referred to in Article 53 of the Passenger Transport Service Act and the federation referred to in Article 59 of that Act (hereinafter referred to as “public transportation operators, etc.”), and electronic financial business entity referred to in subparagraph 4 of Article 2 of the Electronic Financial Transactions Act, and other persons collecting data relating to use of transportation cards to settle transportation fares (hereinafter referred to as “operators of transportation card settlement business, etc.”). |
| (3) | A person requested to submit transportation card data pursuant to paragraph (2) shall comply with such request unless there is a compelling reason not to do so. |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 10-9 (Provision of Transportation Card Data) |
| (1) | A person who intends to use transportation card data may request the Minister of Land, Infrastructure and Transport to provide such data collected pursuant to Article 10-8, as prescribed by Presidential Decree. |
| (2) | Where the Minister of Land, Infrastructure and Transport provides transportation data at the request referred to in paragraph (1), he or she shall provide such data in a form of totalizing data (referring to a form in which the data submitted pursuant to Article 10-8 are processed by means of statistical analysis such as classification, aggregation and transformation: Provided, That this shall not apply where the State, local governments, and transportation-related research institutes or public institutions prescribed by Presidential Decree make a request for the purpose of establishing transportation-related policies, conducting their business affairs, preparing statistics and performing academic researches. |
| (3) | A person provided with transportation card data pursuant to paragraphs (1) and (2) shall observe the following matters: |
| 1. | Not to use transportation card data for infringing on a third party's rights or committing an illegal act such as a crime; |
| 2. | Not to arbitrarily provide or divulge transportation card data to a third party; |
| 3. | Not to forge or alter transportation card data; |
| 4. | To take measures necessary for securing safety so as not to cause transportation card data to be lost or stolen, as prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport may refuse or interrupt to provide transportation card data, where a person provided with transportation card data pursuant to paragraphs (1) and (2) violates paragraph (3) or the guideline for managing transportation card data referred to in Article 10-11. |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 10-10 (Establishment and Operation of Comprehensive Information System for Transportation Card Data) |
| (1) | The Minister of Land, Infrastructure and Transport may establish and operate a comprehensive information system for transportation card data (hereinafter referred to as “the comprehensive information system”) to collect, manage, submit and provide transportation card data referred to Articles 10-8 and 10-9. |
| (2) | The Minister of Land, Infrastructure and Transport shall take managerial and technical protection measures such as designation of a person authorized to access, establishment of firewall, and use of encryption software in order to prevent the divulgence or alteration of, or damage to, the information held in the comprehensive information system. In this case, detailed matters concerning managerial and technical protection measures shall be prescribed by Presidential Decree. |
| (3) | The Minister of Land, Infrastructure and Transport may provide technical support necessary in submitting transportation card data referred to Article 10-8 (2) and (3) to public transportation operators, etc. or “operators of transportation card settlement business, etc. |
| (4) | The Minister of Land, Infrastructure and Transport may entrust institutions determined by Presidential Decree with business affairs of establishing and operating the comprehensive information system. <Amended on Jun. 9, 2020> |
| (5) | Institutions entrusted with the affairs pursuant to paragraph (4) shall observe the following matters: <Amended on Jun. 9, 2020> |
| 1. | Not to use transportation card data for infringing on a third party's rights or committing an illegal act such as a crime; |
| 2. | Not to re-entrust duties as to operation of the comprehensive information system to any other institution; |
| 3. | Not to arbitrarily provide or divulge transportation card data to a third party; |
| 4. | Not to forge or alter transportation card data; |
| 5. | To comply with managerial and technical protection measures referred to paragraph (2). |
| (6) | Where the Minister of Land, Infrastructure and Transport entrusts his or her duties pursuant to paragraph (4), he or she may provide administrative and financial support. |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 10-11 (Guideline for Managing Transportation Card Data) |
| (1) | The Minister of Land, Infrastructure and Transport may determine and give a public notice of a guideline for managing transportation card data, which is concerning the collection, management, submission and provision of transportation card data, and the establishment, operation, etc. of the comprehensive information system referred to in the provisions of Articles 10-8 through 10-10. |
| (2) | A person submitting transportation card data pursuant to Article 10-8, a person provided with transportation card data pursuant to Article 10-9, and a person entrusted with duties as to establishment and operation of the comprehensive information system pursuant to Article 10-10 shall comply with the guideline for managing transportation card data referred to in paragraph (1). |
[This Article Newly Inserted on Dec. 29, 2015]
| Article 11 (Support for Restructuring of Route Passenger Transport Business) |
| (1) | When a public transportation operator who runs route passenger transport business under Article 3 (1) 1 of the Passenger Transport Service Act (hereinafter referred to as "route passenger transport business entity") undergoes restructuring by means of merger, division, merger through division, business transfer, etc. or makes efforts for the improvement of business management, the State or local governments may provide him or her with necessary support, such as financial support. <Amended on Jun. 9, 2020> |
| (2) | When the Minister of Land, Infrastructure and Transport or each Mayor/Do Governor deems necessary to provide the support under paragraph (1), he or she may require route passenger transport business entities to submit a plan for restructuring or improvement of business management. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | When the Minister of Land, Infrastructure and Transport or each Mayor/Do Governor deems necessary to restructure the route passenger transport business as a result of assessing the business management and services of public transportation operators under Article 18, he or she may recommend restructuring to the route passenger transport business entities. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| Article 12 (Financial Support for Cultivation of Public Transportation) |
The State or each local government may fully or partially provide subsidies or loans to local governments or public transportation operators for funds necessary for any of the following projects as prescribed by Presidential Decree in order to cultivate public transportation and encourage the use thereof: <Amended on Mar. 28, 2008; Jun. 9, 2020>
| 1. | Measures for preferential passes for means of public transportation under Article 10; |
| 2. | Enhancement of the quality and diversification of means of public transportation, such as introduction of low floor buses; |
| 3. | Expansion and improvement of public transportation facilities, such as transit facilities; |
| 4. | Installation and operation of nationwide interoperable transportation cards under Article 10-5; |
| 5. | Other business determined by Presidential Decree to cultivate public transportation and encourage the use thereof. |
| Article 13 (Designation and Support of Public Transportation Model City) |
| (1) | If necessary to encourage the use of public transportation by systematically cultivating public transportation and create unique and sustainable public transportation-centered cities, the Minister of Land, Infrastructure and Transport may designate public transportation model cities (hereafter referred to as "model city" in this Article) directly or at the request of Mayors/Do Governors. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may provide financial support under Article 12 or other necessary support to model cities designated pursuant to paragraph (1). <Amended on Feb. 29, 2008; Jun. 9, 2020> |
| (3) | The Minister of Land, Infrastructure and Transport may request relevant Mayors/Do Governors to submit material necessary for the designation of and support for model cities. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | Matters necessary for the criteria and procedures for, method of, etc. designation of model cities shall be determined by Presidential Decree. |
| (5) | When a model city designated pursuant to paragraph (1) ceases to meet the criteria for designation under paragraph (4), the Minister of Land, Infrastructure and Transport may cancel the designation thereof. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| Article 14 (Reduction of and Exemption from Charges) |
When necessary for the cultivation of public transportation, the State and local governments may reduce or exempt the development charges, expenses incurred in creating forest replacement resources, farmland preservation charges, and cost incurred in creating substitute grassland as prescribed by the Restitution of Development Gains Act, the Mountainous Districts Management Act, the Farmland Act, and the Grassland Act, respectively to public transportation facilities that are passenger car terminals under subparagraph 5 of Article 2 of the Passenger Transport Service Act and depots make available to the route passenger transport business under Article 3 (1) 1 of the same Act, which are public depots installed by the heads of local governments. <Amended on Act No. 7604, Jul. 21, 2005; Act No. 9045, Mar. 28, 2008; Jun. 9, 2020>
CHAPTER IV RESEARCH AND SURVEY, AND ASSESSMENT OF PUBLIC TRANSPORTATION
| Article 15 (Promotion of Public Transportation Technology Research and Development Projects) |
The Minister of Land, Infrastructure and Transport shall promote the public transportation technology research and development projects determined by Presidential Decree for the development of public transportation by reflecting them in the comprehensive plan for research and development of land, infrastructure and transportation under Article 4 of the Act on the Promotion of Science and Technology for Land, Infrastructure and Transportation. <Amended on Act No. 8852, Feb. 29, 2008; Act No. 9772, Jun. 9, 2009; Act No. 11690, Mar. 23, 2013; Jun. 9, 2020>
| Article 16 (Survey of Current State of Public Transportation) |
| (1) | The Minister of Land, Infrastructure and Transport shall survey the following matters and publish the result of such survey to utilize the result of the survey as basic data necessary for the effective establishment of policies for the cultivation and support of public transportation: <Amended on Feb. 29, 2008; Mar. 23, 2013; Dec. 29, 2015> |
| 1. | Social and economic indices concerning public transportation; |
| 2. | Conditions of business management of public transportation operators; |
| 3. | Current state of means of public transportation and public transportation facilities; |
| 4. | Actual status of public transportation use; |
| 5. | Current state of traffic by type of car and operating speed of means of public transportation by time and by road; |
| 6. | Other matters necessary for the improvement of public transportation. |
| (2) | The Minister of Land, Infrastructure and Transport may request the relevant administrative agencies and public transportation operators to submit necessary data or provide support for the survey under paragraph (1). In such cases, the relevant administrative agencies or public transportation operators upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | If deemed necessary for efficiently conducting the survey under paragraph (1), the Minister of Land, Infrastructure and Transport may fully or partially entrust a survey on the matters in each subparagraph of paragraph (1) to an institution or organization, the primary duty of which concerns transportation as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (4) | Matters necessary for surveying the current status of public transportation and publishing the result of such survey pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 29, 2015> |
| Article 17 (Assessment of Public Transportation Policies) |
| (1) | The Minister of Land, Infrastructure and Transport may assess public transportation policies executed by local governments for the smooth flow of urban transportation and enhancement of transportation convenience (hereinafter referred to as "public transportation policies"). <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | With respect to local governments that achieve an outstanding result by assessing their public transportation policies under paragraph (1), the State may, when such local governments conduct a business falling under any of the subparagraphs of Article 12, preferentially provide them with financial support as prescribed by Presidential Decree. <Amended on Jun. 9, 2020> |
| (3) | When the Minister of Land, Infrastructure and Transport assesses the public transportation policies of local governments, he or she shall consider any of the following matters: <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 9, 2017; Jun. 9, 2020> |
| 1. | Formulation and performance of local public transportation plans and annual action plans; |
| 2. | Modal split of public transportation; |
| 3. | Expansion and improvement of public transportation facilities; |
| 4. | Connection between means of public transportation and connection between means of public transportation and public transportation facilities; |
| 5. | Public transportation informatization; |
| 6. | Level of public transportation services; |
| 7. | Reinforcement of competitiveness of public transportation; |
| 9. | Other matters determined by Presidential Decree to cultivate public transportation and encourage the use thereof. |
| (4) | The Minister of Land, Infrastructure and Transport may demand the submission of data necessary for the assessment of public transportation policies from the heads of the relevant central administrative agencies and local governments. In such cases, the heads of the relevant central administrative agencies and local governments shall comply with such demand, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (5) | When the Minister of Land, Infrastructure and Transport assesses the matters in each subparagraph of paragraph (3), he or she shall do so by the categories of details of public transportation policy, actual results and future public transportation policy. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (6) | Matters necessary for the detailed criteria for, method of, procedure for, etc. the assessment of public transportation policies shall be determined by Presidential Decree. |
| Article 18 (Assessment of Business Management and Service of Public Transportation Operators) |
| (1) | The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may assess the state of business management of public transportation operators and services provided by public transportation operators to systematically support and cultivate public transportation and improve public transportation services. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may, after assessing business management and service under paragraph (1), announce the results of the assessment (excluding the results of business management assessment) as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (3) | With respect to persons who have achieved an outstanding result after conducting assessment of business management and service under paragraph (1), the Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may grant him or her a prize as prescribed by Presidential Decree and preferentially provide financial support, etc. under Article 12. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (4) | The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may demand public transportation operators to submit data necessary for assessing business management and service under paragraph (1). In such cases, the relevant public transportation operator upon receipt of such request shall comply therewith, unless there is a compelling reason not to do so. <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 11, 2015; Jun. 9, 2020> |
| (5) | Matters regarding the subject of, criteria for, method of, procedure for, etc. assessment of business management and service conducted by the Minister of Land, Infrastructure and Transport or Mayors/Do Governors pursuant to paragraph (1) shall be determined by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| (6) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may restrict financial support under Article 12 to a person who is found to have performed poorly in the results of evaluation of management and services under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted on Jun. 9, 2020> |
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 19 (Vicarious Execution of Duty of Assessment) |
When necessary to efficiently conduct each of the following duties, the Minister of Land, Infrastructure and Transport may require an institution or organization, the primary duty of which concerns transportation, to conduct the whole or part of the duties on his or her behalf as prescribed by Presidential Decree: <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020>
| 1. | Assessment of public transportation policies under Article 17 (1); |
| 2. | Assessment of business management and services of public transportation business operators under Article 18 (1). |
| Article 20 (Legal Fiction of Public Officials in Application of Penalty Provisions) |
| 1. | A person conducting such duties as to establishment and operation of the comprehensive information system as are entrusted pursuant to Article 10-10 (4); |
| 2. | A person vicariously conducting duties as to assessment of public transportation policies referred to in subparagraph 1 of Article 19; |
| 3. | A person vicariously conducting duties as to assessment of business management and services of public transportation business operators referred to in subparagraph 2 of Article 19. |
[This Article Wholly Amended on Dec. 29, 2015]
| Article 21 (Use of Subsidies) |
| (1) | When the projects prescribed in each subparagraph of Article 12 are carried out as state-subsidized projects, the head of each local government shall earmark the amount of the local government's charges for such projects in the local government's budget for the year concerned in preference to other projects. <Amended on Jun. 9, 2020> |
| (2) | No local government or public transportation operator that is provided with subsidies or loans under this Act shall use such funds for purposes other than the purposes for which it or he or she is provided with such subsidies or loans. |
| (3) | The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor shall oversee public transportation operators provided with subsidies or loans under this Act to ensure that they use such funds properly. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (4) | When a public transportation operator is delivered subsidies or loans by fraud or other improper means or uses subsidies or loans for purposes other than the purposes of such funds, the Minister of Land, Infrastructure and Transport or each Mayor/Do Governor shall order the public transportation operator to fully or partially return such subsidies or loans, and when the public transportation operator fails to comply with such order, he or she may collect them in the same manner as delinquent national or local taxes are collected. <Amended on Feb. 29, 2008; Mar. 23, 2013; Jun. 9, 2020> |
| Article 22 (Reporting and Inspection) |
| (1) | The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may order public transportation operators to make a report on the use of subsidies or loans or to submit the related documents, for oversight referred to in Article 21 (3). <Amended on Feb. 29, 2008; Mar. 23, 2013; Aug. 11, 2015; Jun. 9, 2020> |
| (2) | The Minister of Land, Infrastructure and Transport or each Mayor/Do Governor may, if deemed necessary, require public officials under his or her control to inspect the books, documents, and other things of public transportation operators or to ask questions to relevant persons. <Amended on Feb. 29, 2008; Mar. 23, 2013> |
| (3) | In cases falling under paragraph (2), such public officials shall carry a certificate that indicates their authority and present it to relevant persons. <Amended on Jun. 9, 2020> |
| Article 23 (Delegation of Authorities) |
The Minister of Land, Infrastructure and Transport may delegate part of his or her authorities under this Act to the chairperson of the Metropolitan Area Intercity Transport Committee under Article 9-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas or Mayors/Do Governors as prescribed by Presidential Decree. <Amended on Act No. 8852, Feb. 29, 2008; Act No. 11690, Mar. 23, 2013; Dec. 18, 2018; Jun. 9, 2020>
CHAPTER VI PENALTY PROVISIONS
| Article 24 (Penalty Provisions) |
| (1) | A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: |
| 1. | A person who uses transportation card data for the purpose of infringing on a third party's rights or committing an illegal act such as a crime, in violation of Article 10-9 (3) 1; |
| 2. | A person who arbitrarily provides or divulges transportation card data to a third party in violation of Article 10-9 (3) 2; |
| 3. | A person who forges or alters transportation card data in violation of Article 10-9 (3) 3; |
| 4. | A person who uses transportation card data for the purpose of infringing on a third party's rights or committing an illegal act such as a crime in violation of Article 10-10 (5) 1; |
| 5. | A person who arbitrarily provides or divulges transportation card data to a third party in violation of Article 10-10 (5) 3; |
| 6. | A person who forges or alters transportation card data in violation of Article 10-10 (5) 4. |
| (2) | A person falling under any of the following subparagraphs shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who fails to take measures necessary for securing safety so as not to cause transportation card data to be lost or stolen, in violation of Article 10-9 (3) 4; |
| 2. | A person who fails to comply with managerial and technical protection measures for the comprehensive information system, in violation of Article 10-10 (5) 5. |
[This Article Newly Inserted on Dec. 29, 2015]
[Previous Article 24 moved to Article 26 <Dec. 29, 2015>]
| Article 25 (Joint Penalty Provisions) |
Where the representative of a corporation or an agent, employee, or other servant of the corporation or an individual commits any violation provided for in Article 24 in connection with the business affairs of the corporation or the individual, in addition to punishment of such violator, the corporation or the individual shall be punished by a fine provided for in said Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant business affairs. [This Article Newly Inserted on Dec. 29, 2015]
| Article 26 (Administrative Fines) |
| (1) | A person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding 20 million won: <Newly Inserted on Dec. 29, 2015; Jun. 9, 2020> |
| 1. | A person who fails to comply with a request for submission of transportation card data without any compelling reason, in violation of Article 10-8 (3); |
| 2. | A person who re-entrusts duties as to operation of the comprehensive information system, in violation of Article 10-10 (5) 2. |
| (2) | A person falling under any of the following subparagraphs shall be subject to an administrative fine not exceeding five million won: <Amended on Dec. 29, 2015; Jun. 9, 2020> |
| 1. | A person who fails to make a report or submit documents referred to in Article 22 (1), or does so falsely; |
| 2. | A person who refuses, interferes with, or evades an inspection or questioning referred to in Article 22 (2). |
| (3) | The administrative fines referred to in paragraphs (1) and (2) shall be imposed and collected by the Minister of Land, Infrastructure and Transport or Mayors/Do Governors as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Mar. 23, 2013; Act No. 13682, Dec. 29, 2015; Jun. 9, 2020> |
| (4) | Deleted. <Dec. 29, 2015> |
| (5) | Deleted. <Feb. 29, 2015> |
[Moved from Article 24 <Dec. 29, 2015>]
ADDENDA <Act No. 7381, Jan. 27, 2005>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Formulation of First Master Plan) The first master plan to be formulated after this Act enters into force shall be formulated and publicly announced six months prior to the commencement of its planning period commencing in the year after the year immediately following the year in which this Act enters into force, and the first local public transportation plan shall be formulated and publicly announced before the planning period of the first master plan commences. |
ADDENDA <Act No. 7604, Jul. 21, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9045, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 9064, Mar. 28, 2008>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9772, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 9869, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10158, Mar. 22, 2010>
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. 12216, Jan. 7, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 13477, Aug. 11, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 13682, Dec. 29, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14856, Aug. 9, 2017>
This Act shall enter into force six months after the date of its promulgation.
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.
ADDENDUM <Act No. 17231, Apr. 7, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 17446, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of promulgation.
Article 2 Omitted.
ADDENDA <Act No. 17449, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability)
The amended provisions of Article 18 (6) shall begin to apply to the first evaluation of management and services conducted pursuant to Article 18 after this Act enters into force.
ADDENDUM <Act No. 17453, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)