TOLL ROAD ACT
Wholly Amended by Act No. 6403, Jan. 29, 2001
Amended by Act No. 7242, Oct. 22, 2004
Act No. 7386, Jan. 27, 2005
Act No. 8852, Feb. 29, 2008
Act No. 8976, Mar. 21, 2008
Act No. 9853, Dec. 29, 2009
Act No. 11586, Dec. 18, 2012
Act No. 12255, Jan. 14, 2014
Act No. 12984, Jan. 6, 2015
Act No. 14017, Feb. 3, 2016
Act No. 14717, Mar. 21, 2017
Act No. 15022, Oct. 31, 2017
Act No. 15357, Jan. 16, 2018
Act No. 16633, Nov. 26, 2019
Act No. 17091, Mar. 24, 2020
Act No. 17743, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to promote traffic convenience and contribute to the development of the national economy by prescribing matters concerning the construction, upgrading, maintenance, management, etc. of toll roads.
[This Article Wholly Amended on Dec. 18, 2012]
The definitions of the terms used in this Act shall be as follows: <Amended on Jan. 14, 2014; Jan. 16, 2018>
| 2. | The term "toll road" means either of the following roads: |
| (a) | A road for which tolls or usage charges are collected under this Act; |
| 4. | The term "local road management agency" means a road management agency that is a local government; |
| 5. | The term "toll road management agency" means a road management agency where the relevant road management agency constructs or upgrades a toll road pursuant to Article 4; the Minister of Land, Infrastructure and Transport where he or she constructs or upgrades a toll road pursuant to Article 5; or a road management agency authorized to grant permission where a person other than a road management agency constructs or upgrades a toll road pursuant to Article 6; |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 3 (Relationship to Other Statutes) |
Unless otherwise provided for in this Act, the Road Act shall apply to matters concerning the construction, upgrading, maintenance, repair, or other management of toll roads. <Amended on Jan. 14, 2014> [This Article Wholly Amended on Dec. 18, 2012]
CHAPTER II CONSTRUCTION OR UPGRADE OF TOLL ROADS
| Article 4 (Construction or Upgrading of Toll Roads by Road Management Agencies) |
| (1) | Any road management agency may construct or upgrade a road that meets all of the following requirements and collect tolls from any person who drives a vehicle on such road: |
| 1. | A road on which any person driving a vehicle obtains substantial benefits therefrom; |
| 2. | A road on which any person needs not drive a vehicle which is to be constructed or upgraded, because another road (excluding a toll road) available for use exists thereabouts. |
| (2) | Where any of the following roads is constructed or upgraded as a toll road, such road does not need to meet the requirements provided for in the subparagraphs of paragraph (1): |
| 2. | A road for the purpose of tourism; |
| 3. | A road connecting land to an island or connecting islands. |
| (3) | Notwithstanding paragraphs (1) and (2), where the total amount of tolls estimated to be paid during the period for collecting tolls calculated under Article 16 (5) is less than the total amount of the principal of and interest on the costs to be incurred in relation to the construction, upgrading, maintenance, repair, and other management of the relevant toll road (hereinafter referred to as "total amount of construction and maintenance costs"), such road shall not be constructed or upgraded as a toll road: Provided, That this shall not apply where the State or a local government provides financial support (referring to investments, funding, subsidies, etc.; hereinafter the same shall apply) of at least the rate prescribed by Presidential Decree for the construction of such road because it deems that the construction or upgrading of the road has social or economic validity and consequently the convenience of public transportation substantially increases due to the construction or upgrading thereof. <Amended on Nov. 26, 2019> |
| (4) | A road management agency may establish a right to manage a toll road under Article 10 (1) and have tolls collected from the users of the relevant road in order to retrieve funds invested for the purpose of public interest, such as reducing tolls for the road, even where the right to manage a public-private partnership road becomes extinguished. <Newly Inserted on Nov. 26, 2019> |
[This Article Wholly Amended on Dec. 18, 2012]
[Title Amended on Nov. 26, 2019]
| Article 5 (Construction or Upgrading of Toll Roads by Minister of Land, Infrastructure and Transport) |
| (1) | Where any road under the jurisdiction of a local road management agency is in particularly close connection with the development of national land, the promotion of tourism, the convenience of local residents, etc. and meets the requirements provided for in Article 4, the Minister of Land, Infrastructure and Transport may construct or upgrade such road at his or her own expense and collect tolls, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to construct or upgrade a toll road pursuant to paragraph (1), he or she shall obtain consent from the relevant local road management agency in advance. In such cases, the local road management agency shall be subject to a resolution of the local council as to whether to grant consent. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport constructs or upgrades a road under the jurisdiction of a local road management agency and collects tolls pursuant to paragraph (1), he or she shall assume obligations and bear expenses incurred in maintaining, repairing or managing such toll road during the period from the date following the date of completion of construction publicly announced pursuant to Article 7 (2) or the date designated by a public announcement pursuant to Article 19 to the date the period for collecting tolls expires. <Amended on Mar. 23, 2013> |
| (4) | Where the Minister of Land, Infrastructure and Transport constructs or upgrades a toll road pursuant to paragraph (1) or assumes obligations or bears expenses incurred in maintaining, repairing or managing such toll road pursuant to paragraph (3), he or she shall exercise the authority of the relevant local road management agency on its behalf during the relevant period, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on Dec. 18, 2012]
[Title Amended on Mar. 23, 2013]
| Article 6 (Construction or Upgrading of Toll Roads by Non-Road Management Agencies) |
Any person other than a road management agency (hereinafter referred to as "non-road management agency") may construct or upgrade a road meeting the requirements provided for in Article 4 (1) or (2) at his or her own expense with permission from the relevant road management agency and collect tolls, as prescribed by Presidential Decree. [This Article Wholly Amended on Dec. 18, 2012]
| Article 7 (Public Announcement of Toll Road Construction) |
| (1) | Where a toll road management agency performs new construction or upgrading of a toll road provided for in Articles 4 through 6, it shall publicly announce the kind and name of such road, and sections, kinds, the date of commencement, etc. of road construction in advance, as prescribed by Presidential Decree. The same shall also apply where it intends to modify matters publicly announced. |
| (2) | Where a toll road management agency completes all or part of construction, or discontinues construction referred to in paragraph (1), it shall publicly announce the purport thereof in advance pursuant to paragraph (1). |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 8 (Connecting Toll Road to Other Roads) |
| (1) | Where the Minister of Land, Infrastructure and Transport or a local road management agency intends to connect a road he or she or it manages to a toll road managed by another local road management agency, he or she or it shall consult with the relevant local road management agency in advance. <Amended on Mar. 23, 2013> |
| (2) | Where a local road management agency intends to connect a road it manages to a toll road managed by the Minister of Land, Infrastructure and Transport, it shall obtain approval from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where necessary to enhance the connectivity and efficiency of traffic, a toll road management agency may request a road management agency of a road directly connected to a toll road to upgrade or repair such road. |
| (4) | Where a toll road management agency holds consultation, obtains approval or makes a request under paragraphs (1) through (3) and the right to manage a toll road referred to in Article 10 has been established with respect to the relevant toll road, it shall hear the opinion of a person who has the right to manage the toll road in advance. |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 9 (Cost-Sharing by Local Governments) |
Any local government that particularly benefits from the construction, upgrading, maintenance, repair or other management of a toll road may fully or partially share the costs incurred therein.
[This Article Wholly Amended on Dec. 18, 2012]
CHAPTER III RIGHTS TO MANAGE TOLL ROADS
| Article 10 (Establishment of Rights to Manage Toll Roads) |
| (1) | Any toll road management agency may establish a right to maintain and manage a toll road and to collect tolls, occupation or use charges, etc. from persons driving on or using the toll road (hereinafter referred to as "right to manage a toll road"). |
| (2) | Any person to whom the right to manage a toll road is granted pursuant to paragraph (1) (hereinafter referred to as "person who has the right to manage a toll road") shall file for registration of his or her right with the relevant toll road management agency. |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 11 (Nature of Rights to Manage Toll Roads) |
The right to manage a toll road shall be deemed a real right, and the provisions on real estate under the Civil Act shall apply mutatis mutandis to such right, except as otherwise provided for in this Act. [This Article Wholly Amended on Dec. 18, 2012]
| Article 12 (Special Cases concerning Disposal of Mortgage) |
No right to manage a toll road, over which a mortgage is established, shall be disposed of without the consent of the mortgagee thereof.
[This Article Wholly Amended on Dec. 18, 2012]
| Article 13 (Changes in Rights) |
| (1) | The right to manage a toll road or the establishment, change, and extinguishment of, and restrictions on, the disposal of a mortgage on the right to manage the toll road shall take effect by registering any of them in the register of the rights to manage toll roads kept in the relevant toll road management agency. |
| (2) | Matters necessary for registration referred to in paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 14 (Conduct of Affairs by Persons Who Have Right to Manage Toll Roads on Behalf of Toll Road Management Agencies) |
Any toll road management agency may authorize a person who has the right to manage a toll road to conduct its affairs provided for in the Road Act on behalf of it, as prescribed by Presidential Decree. <Amended on Jan. 14, 2014> [This Article Wholly Amended on Dec. 18, 2012]
| Article 15 (Vehicles Subject to Tolls) |
| (1) | Any toll road management agency or person who has the right to manage a toll road shall collect tolls from a person who drives a vehicle on the toll road by type of vehicles prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, based upon the structure, weight, etc. of vehicles driving on such road. <Amended on Mar. 23, 2013> |
| (2) | Among vehicles referred to in paragraph (1), vehicles for military operations, ambulances and relief vehicles, fire-fighting vehicles, and other vehicles prescribed by Presidential Decree may be subject to reduction of or exemption from tolls only where they drive on the toll road for their original purposes, as prescribed by Presidential Decree. |
| (3) | A toll road management agency or a person who has the right to manage a toll road may reduce or exempt tolls otherwise chargeable on vehicles using motorways on the days specified by Presidential Decree, such as Seollal (Lunar New Year) and Chuseok (Mid-Autumn) holidays, as prescribed by Presidential Decree. <Newly Inserted on Jan. 16, 2018> |
| (4) | The State may fully or partially subsidize expenses incurred in reducing or exempting tolls under paragraph (2) or (3), as prescribed by Presidential Decree. <Newly Inserted on Jan. 16, 2018> |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 16 (Determination of and Criteria for Tolls by Toll Road Management Agencies) |
| (1) | Any toll road management agency shall determine tolls of a toll road (excluding a motorway) within the limits of benefits ordinarily obtained in terms of time and costs from driving on the relevant toll road. |
| (2) | The Minister of Land, Infrastructure and Transport shall determine tolls of each toll motorway within the limits he or she deems fair and appropriate compared with the price level, fares of other means of transportation, other public utility charges, etc. <Amended on Mar. 23, 2013> |
| (3) | A toll road management agency may extend the period for collecting tolls so as to retrieve funds invested for the purpose of public interest, such as reducing tolls for the relevant road. <Newly Inserted on Nov. 26, 2019> |
| (4) | The total amount of tolls shall not exceed the total amount of construction and maintenance costs of the relevant toll road (including a national budget prescribed by Presidential Decree in order for a toll road management agency to compensate for losses or a reserve for compensating for losses appropriated in the special account of each local government pursuant to Article 24 (1)): Provided, That where a right to manage a toll road is established pursuant to Article 4 (4) to collect tolls, the total amount of tolls shall not exceed the sum of the total amount of construction and maintenance costs of the relevant toll road (limited to expenses incurred after the right to manage the toll road is established) plus the funds invested for the purpose of public interest such as reducing tolls for the relevant road. <Amended on Nov. 26, 2019> |
| (5) | Tolls for relevant toll roads; the period for collecting tolls; the criteria, methods, and procedures for calculating the total amount of tolls and the total amount of construction and maintenance costs of the relevant toll road; and other necessary matters shall be prescribed by Presidential Decree. <Amended on Nov. 26, 2019> |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 17 (Determination of Tolls by Non-Road Management Agencies and Criteria Therefor) |
| (1) | Any non-road management agency (including any person who purchases the right to manage a toll road from a toll road management agency; hereinafter the same shall apply) shall determine tolls, based upon the total amount of construction and maintenance costs of the toll road, earnings from such toll road except for tolls, the period for collecting tolls, a rate of return, etc. |
| (2) | When a non-road management agency intends to collect tolls, it shall obtain approval therefor from the relevant toll road management agency, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply where it intends to change approved tolls. <Amended on Mar. 23, 2013> |
| (3) | When it is intended to change tolls under the latter part of paragraph (2) or to adjust tolls for a public-private partnership road under the Act on Public-Private Partnerships in Infrastructure, the rate of increase of tolls shall be determined by a rate not exceeding the annual consumer price inflation rate accumulated from the year in which current tolls were changed or adjusted to the year immediately before the year the change or adjustment of current tolls is to be implemented. <Newly Inserted on Jan. 16, 2018> |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 18 (Integrated Accounting System) |
| (1) | Where at least two toll roads meet all of the following requirements, a toll road management agency or a person who has the right to manage a toll road may collect tolls by deeming the relevant toll roads to be one toll road. In such cases, where a person who has the right to manage a toll road adds a new toll road to an integrated accounting system or alters the already approved matters, he or she shall obtain approval therefor from the relevant toll road management agency before the public announcement of tolls, period of collection, etc. under Article 19: <Amended on Jan. 14, 2014> |
| 1. | The toll road management agency or the person who has the right to manage a toll road shall be the same entity; |
| 2. | The toll roads shall have traffic relation with each other; |
| 3. | There shall be justifiable reasons to believe that it is appropriate to collect tolls on an integrated basis on toll roads. |
| (2) | Matters necessary for the methods, procedures, etc. for the approval for the integrated accounting system under paragraph (1) shall be prescribed by Presidential Decree. <Newly Inserted on Jan. 14, 2014> |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 18-2 (Collection of Tolls in Lump Sum) |
One and the same toll road management agency or person who has the right to manage a toll road may collect tolls in a lump sum from vehicles that consecutively pass through toll roads managed by separate toll road management agencies or persons who have the right to manage a toll road. In such cases, the toll road management agency or the person who has the right to manage the toll road shall provide information so that users may know the fact that tolls are collected in a lump sum and a toll for each toll road.
[This Article Newly Inserted on Feb. 3, 2016]
| Article 19 (Public Announcement of Tolls and Period for Collection) |
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 make public announcement of tolls, the period for collection thereof, the methods of collection thereof, and other necessary matters in the Official Gazette or public gazette in advance, and shall install signs on which the details thereof is stated in places where it is easily visible to the public on the road, as prescribed by Presidential Decree. The same shall also apply where such agency or person intends to change tolls, the period for collection thereof, the methods of collection thereof, etc.
[This Article Wholly Amended on Dec. 18, 2012]
| Article 20 (Imposition and Collection of Additional Tolls) |
| (1) | Where any person who has used a toll road has not paid a toll or has received toll reduction or exemption by fraud or other improper means, a toll road management agency or a person who has the right to manage the toll road may impose and collect an additional toll prescribed by Presidential Decree within the limits of 10 times the toll unpaid or reduced or exempted, in addition to such toll. <Amended on Mar. 21, 2017> |
| (2) | In cases falling under paragraph (1), if a place where a person enters a toll road is unclear, he or she shall be presumed to have entered the toll road in the remotest distance from a place where he or she is to pay a toll. |
| (3) | Methods and procedures for notifying the imposition and collection of tolls and additional tolls under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 21 (Entrustment of Receipt of Tolls and Compulsory Collection) |
| (1) | Where a person liable to pay a toll and an additional toll fails to pay such tolls, a toll road management agency shall collect such tolls in the same manner as delinquent national or local taxes are collected, or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Jan. 16, 2018; Mar. 24, 2020> |
| (2) | Where a person liable to pay a toll and an additional toll fails to pay such tolls, the person who has the right to manage the relevant toll road may entrust collecting such tolls 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 refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the relevant area, as prescribed by Presidential Decree. <Amended on Jan. 16, 2018> |
| (3) | When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu is entrusted with collecting tolls and additional tolls pursuant to paragraph (2), he or she may collect tolls and additional tolls in the same manner as delinquent local taxes are collected. In such cases, a person who has the right to manage a toll road shall pay an amount equivalent to 10/100 of the amount collected by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, to the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (the relevant Gu refers to the relevant autonomous Gu). |
| (4) | Where a person liable to pay a toll and an additional toll on a toll road (only applicable to a motorway) managed by the Korea Highway Corporation incorporated pursuant to the Korea Highway Corporation Act with the right to manage the toll road fails to pay such tolls, the Korea Highway Corporation may collect such tolls in the same manner as delinquent national taxes are collected, with approval therefor from the Minister of Land, Infrastructure and Transport, or in accordance with the Act on the Collection of Local Administrative Penalty Charges, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 6, 2015; Jan. 16, 2018; Mar. 24, 2020> |
| (5) | The Minister of Land, Infrastructure and Transport may entrust the support center for managing public-private partnership roads under Article 23-7 with receiving tolls and additional tolls, as entrusted under paragraph (2). <Newly Inserted on Jan. 16, 2018> |
| (6) | Where the support center for managing public-private partnership roads is entrusted with receiving tolls and additional tolls under paragraph (5), it may collect such tolls in the same manner as delinquent national taxes are collected, with approval therefor from the Minister of Land, Infrastructure and Transport, or in accordance with the Act on the Collection of Local Administrative Penalty Charges, as prescribed by Presidential Decree. In such cases, the person who has the right to manage the relevant toll road shall pay to the support center for managing public-private partnership roads an amount equivalent to 10/100 of the amount collected by the support center for managing public-private partnership roads. <Newly Inserted on Jan. 16, 2018; Mar. 24, 2020> |
[This Article Wholly Amended on Dec. 18, 2012]
[Title Amended on Jan. 16, 2018]
| Article 21-2 (Establishment and Operation of Vehicle Image Recognition Systems) |
| (1) | A toll road management agency or a person who has the right to manage a toll road may establish and operate a system that collects and manages image information of vehicles that operate on the relevant toll road (hereinafter referred to as "vehicle image recognition system") in order to impose and collect tolls and additional tolls. |
| (2) | A toll road management agency or a person who has the right to manage a toll road of the relevant toll road that collects tolls in a lump sum pursuant to Article 18-2 may share information processed by a vehicle image recognition system (hereinafter referred to as "vehicle image information"). |
| (3) | The establishment and operation of a vehicle image recognition system under paragraph (1) and the sharing of vehicle image information under paragraph (2) shall be governed by the Personal Information Protection Act and the Act on the Protection and Use of Location Information. |
| (4) | In addition to the matters provided for in paragraphs (1) and (2), matters necessary for the establishment and operation of a vehicle image recognition system and the sharing of vehicle image information shall be prescribed by Presidential Decree. |
[This Article Newly Inserted on Feb. 3, 2016]
| Article 21-3 (Requests for Information for Imposing Tolls) |
| (1) | Where it is essential for conducting the following affairs, a toll road management agency, a person who has the right to manage a toll road, or the support center for managing public-private partnership roads may request the heads of the relevant central administrative agencies or local governments to provide necessary information. In such cases, those who received such request shall comply therewith unless there is an extenuating circumstance: <Amended on Jan. 16, 2018> |
| 1. | Reducing or exempting tolls; |
| 2. | Imposing, collecting, or compulsorily collecting unpaid tolls (excluding the reduced or exempted tolls where a person liable to pay tolls receives such toll reduction or exemption; hereinafter the same shall apply); |
| 3. | Imposing, collecting, or compulsorily collecting additional tolls. |
| (2) | The information which a toll road management agency, a person who has the right to manage a toll road, or the support center for managing public-private partnership roads may request under paragraph (1) shall be the following related to persons subject to reducing or exempting, imposing, collecting, or compulsorily collecting tolls under the subparagraphs of paragraph (1) (referring to the owner of the relevant vehicle where it is impracticable to identify a person who used a toll road, in cases of unpaid tolls and additional tolls): Provided, That only a toll road management agency, the Korea Expressway Corporation established pursuant to the Korea Expressway Corporation Act, or the support center for managing public-private partnership roads may request the information referred to in subparagraph 4: <Amended on Jan. 16, 2018> |
| 1. | The name (the corporate name, in cases of a corporation) and address of the relevant person; |
| 2. | The color and make of the relevant vehicle; |
| 3. | The car registration number or construction machinery registration number, and information related to modifying, transferring, or canceling the registration of the vehicle; |
| 4. | The resident registration number, corporation registration number, alien registration number, or information related to the seizure of the vehicle; |
| 5. | Information prescribed by Presidential Decree as necessary for identifying those eligible for toll reduction or exemption under Article 15 (2). |
| (3) | A toll road management agency, a person who has the right to manage a toll road, or the support center for managing public-private partnership roads shall safely manage the information provided under paragraph (1) in accordance with the Personal Information Protection Act, and shall destroy such information without delay when the purpose of providing the information has been achieved. <Amended on Jan. 16, 2018> |
[This Article Newly Inserted on Mar. 21, 2017]
| Article 22 (Reversion of Tolls) |
Where the Minister of Land, Infrastructure and Transport collects tolls and additional tolls on toll roads collected pursuant to this Act, such tolls shall be vested in the National Treasury as its revenue, and where a local road management agency collects such tolls, such tolls shall be vested in the relevant local government as its revenue: Provided, That in cases of a toll road with respect to which the right to manage the toll road is established, tolls and additional tolls shall be vested in a person who has the right to manage the toll road as his or her revenue. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on Dec. 18, 2012]
| Article 23 (Restrictions on Use of Collected Tolls) |
No tolls and additional tolls vested in the National Treasury or a local government pursuant to Article 22 shall be used for purposes other than any of the following purposes: | 1. | Repayment of the principal of and interest on costs incurred in the construction or upgrading of a toll road; |
| 2. | Costs incurred in relation to the construction, upgrading, maintenance, repair or management of a road (including a toll road and an access road to the toll road). |
[This Article Wholly Amended on Dec. 18, 2012]
CHAPTER IV-2 SUPERVISION AND MANAGEMENT OF PUBLIC-PRIVATE PARTNERSHIP ROADS
| Article 23-2 (Responsibilities of the Government) |
| (1) | The Minister of Land, Infrastructure and Transport shall endeavor to create an environment in which a person who has the right to manage a public-private partnership toll road (hereinafter referred to as "public-private partnership road business entity") can maintain and manage the public-private partnership road safely and efficiently. |
| (2) | The Minister of Land, Infrastructure and Transport shall determine and publicly notify standards for maintaining, managing, and operating public-private partnership roads to create the environment referred to in paragraph (1). |
| (3) | Each toll road management agency shall annually evaluate the operation of public-private partnership roads within its jurisdiction, according to the standards for maintaining, managing, and operating public-private partnership roads under paragraph (2). |
| (4) | Any toll road management agency may issue an order to take necessary measures according to the results of evaluating the operation under paragraph (3), such as conducting construction works for public-private partnership roads and improving systems for maintaining and managing public-private partnership roads. |
| (5) | The procedures and methods for the evaluation of operation under paragraph (3) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jan. 16, 2018]
| Article 23-3 (Obligations of Public-Private Partnership Road Business Entities) |
| (1) | A public-private partnership road business entity shall endeavor to safely and efficiently manage public-private partnership roads and promote users' convenience. |
| (2) | A public-private partnership road business entity shall comply with the standards for maintaining, managing, and operating public-private partnership roads under Article 23-2 (2). |
| (3) | A public-private partnership road business entity shall comply with the orders issued under Article 23-2 (4), and shall report the results of its compliance to the relevant toll road management agency. |
| (4) | A public-private partnership road business entity shall establish and implement a mid-term plan for the maintenance, management, and operation (hereinafter referred to as “plan for maintenance and management”) of public-private partnership roads within its jurisdiction on a five-year basis for the systematic management of public-private partnership roads. <Newly Inserted on Dec. 22, 2020> |
| (5) | A plan for maintenance and management under paragraph (4) shall include the following: <Newly Inserted on Dec. 22, 2020> |
| 1. | Objectives and direction-setting for maintenance, management, and operation of public-private partnership roads; |
| 2. | Matters concerning the maintenance and management of facilities of public-private partnership roads, such as repair, reinforcement, replacement, inspection, etc.; |
| 3. | Matters concerning expenses incurred in maintenance, management, and operation of public-private partnership roads; |
| 4. | Matters concerning securing of human resources and equipment required for maintenance, management, and operation of public-private partnership roads; |
| 5. | Matters concerning a system for taking measures to ensure traffic safety in emergency, including calamities, disasters; |
| 6. | Matters concerning the establishment and operation of an information management system for public-private partnership roads; |
| 7. | Other matters prescribed by Presidential Decree as necessary for efficient management of public-private partnership roads. |
| (6) | A public-private partnership road business entity shall establish and implement an annual implementation plan (hereinafter referred to as "implementation plan for maintenance and management") in compliance with the plan for maintenance and management. <Newly Inserted on Dec. 22, 2020> |
| (7) | Where a public-private partnership road business entity establishes a plan for maintenance and management and an implementation plan for maintenance and management, he or she shall submit such plan to the toll road management agency, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 22, 2020> |
| (8) | A toll road management agency shall examine the appropriateness, etc. of the plan for maintenance and management and the implementation plan for maintenance and management submitted under paragraph (7) and may request a public-private partnership road business entity to revise or supplement the plan, if necessary. In such cases, a public-private partnership road business entity requested to revise or supplement the plan shall comply therewith, unless a compelling reason exists not to do so. <Newly Inserted on Dec. 22, 2020> |
| (9) | Other matters necessary for the timing of establishment of a plan for maintenance and management and an implementation plan for maintenance and management, details of an implementation plan for maintenance and management, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2020> |
[This Article Newly Inserted on Jan. 16, 2018]
| Article 23-4 (Reporting to the National Assembly) |
| (1) | The Minister of Land, Infrastructure and Transport shall prepare a report on the status of constructing, maintaining, and managing public-private partnership roads funded by the State pursuant to Article 53 of the Act on Public-Private Partnerships in Infrastructure, and shall submit the report to the competent Standing Committee of the National Assembly by not later than May 31 each year. |
| (2) | The Minister of Land, Infrastructure and Transport may request public-private partnership road business entities to submit necessary data to prepare a report under paragraph (1). |
[This Article Newly Inserted on Jan. 16, 2018]
| Article 23-5 (Requests for Amending Concession Agreement Due to Changes in Circumstances) |
| (1) | If circumstances change materially, if a public-private partnership road business entity violates law, or if any of the following events occurs, the relevant toll road management agency may request the public-private partnership road business entity to explain the cause or to establish measures for eliminating the cause: |
| 2. | Where for three consecutive years, the actual annual revenue is less than 70/100 of the toll revenue specified in the concession agreement; |
| 3. | Where a public-private partnership road business entity changes his or her capital ratio specified in the concession agreement to a ratio lower than the standard ratio specified by Presidential Decree: Provided, That excluded herefrom shall be cases where such ratio is changed with approval from the competent authority defined in subparagraph 4 of Article 2 of the Act on Public-Private Partnerships in Infrastructure; |
| 4. | Where a public-private partnership road business entity has borrowed a loan from his or her shareholders at an interest rate exceeding the standard rate specified by Presidential Decree; |
| 5. | Where the category or grade of a road is changed; |
| 6. | Cases prescribed by Presidential Decree where it is deemed necessary to amend a concession agreement due to a significant change in traffic conditions. |
| (2) | Upon receiving a request under paragraph (1), a public-private partnership road business entity shall explain the cause or establish measures for eliminating the cause, within 30 days from the date such entity is so requested by the relevant toll road management agency. |
| (3) | In any of the following cases, a toll road management agency may request an amendment of a concession agreement, after consulting thereon with the support center for managing public-private partnership roads under Article 23-7: |
| 1. | Where a public-private partnership road business entity fails to offer an explanation or fails to adequately explain the cause under paragraph (2); |
| 2. | Where a public-private partnership road business entity fails to establish measures for eliminating a cause in accordance with paragraph (2); |
| 3. | Where it is found impossible or impracticable to eliminate a cause under paragraph (1) by taking the measures for eliminating the cause under paragraph (2). |
| (4) | If a public-private partnership road business entity fails to comply with a request made under paragraph (3), the relevant toll road management agency need not fully or partially pay subsidies and financial support stipulated in the concession agreement. |
[This Article Newly Inserted on Jan. 16, 2018]
| Article 23-6 (Subsidies for Public-Private Partnership Road Business Entities) |
If any additional expense is incurred by a public-private partnership road business entity due to a change in any relevant policy, an amendment to any relevant statute or regulation, or any similar event, the toll road management agency may fully or partially subsidize such expense.
[This Article Newly Inserted on Jan. 16, 2018]
| Article 23-7 (Designation of Support Center for Managing Public-Private Partnership Roads) |
| (1) | In order to efficiently supervise public-private partnership roads, the Minister of Land, Infrastructure and Transport may designate either of the following institutions as the support center for managing public-private partnership roads (hereinafter referred to as the "management support center"), within the period prescribed by Presidential Decree: |
| 1. | A government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes; |
| (2) | The management support center shall perform the following functions: <Amended on Dec. 22, 2020> |
| 1. | Providing advice and assistance as to a concession agreement; |
| 2. | Estimating traffic demands for public-private partnership roads and advising on and assisting in calculating reasonable tolls and operating expenses; |
| 3. | Providing advice on and assistance as to the standards for maintaining, managing, and operating public-private partnership roads under Article 23-2 (2) and the evaluation of operation under Article 23-2 (3); |
| 3-2. | Providing advice and assistance as to the the establishment and examination of a plan for maintenance and management and an implementation plan for maintenance and management under Article 23-3 (4), (6), and (8); |
| 4. | Receiving tolls and additional tolls, as entrusted under Article 21 (5), and collecting tolls and additional tolls under Article 21 (6); |
| 5. | Performing functions entrusted by the Minister of Land, Infrastructure and Transport or a toll road management agency under paragraph (6); |
| 6. | Other functions specified by Ordinance of the Ministry of Land, Infrastructure and Transport for assisting in supervising public-private partnership roads. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to designate an institution as the management support center under paragraph (1), he or she shall consider the expertise of the institution for public-private partnership roads. |
| (4) | The Minister of Land, Infrastructure and Transport may subsidize the management support center for expenses incurred in performing its functions, within the budgetary limits. |
| (5) | In either of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of the management support center: Provided, That such designation shall be revoked in the case of subparagraph 1: |
| 1. | Where the management support center has obtained the designation by fraud or other improper means; |
| 2. | Where the management support center breaches any condition attached to the designation while performing its functions. |
| (6) | The Minister of Land, Infrastructure and Transport or any toll road management agency may entrust the management support center with functions specified by Ordinance of the Ministry of Land, Infrastructure and Transport as those to be performed under this Act and the Act on Public-Private Partnerships in Infrastructure in connection with public-private partnership roads. |
[This Article Newly Inserted on Jan. 16, 2018]
| Article 23-8 (Methods for Managing Public-Private Partnership Roads after Period for Private-Sector Use Expires) |
| 1. | The relevant public-private partnership road shall be managed as a road referred to in Article 10 of the Road Act (excluding motorways); |
| (2) | Notwithstanding Articles 16 and 17 (1), any toll road management agency or non-road management agency may determine tolls for a road managed under paragraph (1) 2 or 3 within the scope necessary for efficiently maintaining and managing such road. |
| (3) | Matters necessary for the guidelines, methods, procedure, etc. for calculating tolls under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Jan. 16, 2018]
CHAPTER V SUPPLEMENTARY PROVISIONS
| Article 24 (Special Accounts) |
| (1) | The State or a local government shall establish a special account on toll roads to manage revenues and expenditures. |
| (2) | A person who has the right to manage a toll road shall prepare an accounting report on the total amount of construction and maintenance costs of the relevant toll road, the total amount of tolls collected, etc.; shall submit the report to the relevant toll road management agency, within 90 days after each fiscal year ends; and shall keep the relevant books of accounts and supporting documents. In such cases, where the person who has the right to manage the toll road is subject to external audits referred to in Article 4 of the Act on External Audit of Stock Companies, he or she shall submit an audited accounting report to the relevant toll road management agency. <Amended on Oct. 31, 2017; Jan. 16, 2018> |
| (3) | Matters necessary for the criteria for the preparation of an accounting report prepared by a person who has the right to manage a toll road pursuant to paragraph (2) and other matters shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Dec. 18, 2012]
| (1) | The Minister of Land, Infrastructure and Transport may, if he or she deems it necessary, order any local road management agency to perform construction of a toll road, to restrict permits to occupy and use such toll road, to designate or change an area abutting thereon, or to take a disposition or measure necessary to manage toll roads. <Amended on Mar. 23, 2013> |
| (2) | Where a non-road management agency (including public-private partnership road business entities) violates this Act or conditions for permission granted under this Act, a toll road management agency may revoke permission, suspend construction, perform construction by vicarious administrative execution, take other necessary dispositions or order the non-road management agency to take necessary measures. <Amended on Jan. 16, 2018> |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 25-2 (Penalty Surcharges) |
| (1) | If a non-road management agency commits any of the following violations, the relevant toll road management agency may impose a penalty surcharge not exceeding the amount calculated by multiplying the toll revenue specified by Presidential Decree by 3/100 upon the non-road management agency: |
| 1. | Where a non-road management agency fails to meet the standards for maintaining, managing, and operating public-private partnership roads, in violation of Article 23-3 (2); |
| 2. | Where a non-road management agency fails to comply with an order or fails to report the results of its compliance, in violation of Article 23-3 (3); |
| 3. | Where a non-road management agency violates a disposition made or an order issued under Article 25. |
| (2) | Matters necessary for the types of violation subject to a penalty surcharge under paragraph (1), the amount of a penalty surcharge, the method of collection, etc. shall be prescribed by Presidential Decree. |
| (3) | If a person subject to a penalty surcharge under paragraph (1) fails to pay the penalty surcharge by the payment deadline, the relevant toll road management agency shall collect the penalty surcharge in the same manner as delinquent national taxes are collected or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Mar. 24, 2020> |
| (4) | The penalty surcharges imposed and collected by the Minister of Land, Infrastructure and Transport, out of penalty surcharges under paragraph (1), shall be treated as the revenue of the road account in the Special Account for Traffic Facilities under the Act on the Special Account for Traffic Facilities. |
[This Article Newly Inserted on Jan. 16, 2018]
CHAPTER VI? PENALTY PROVISIONS
| Article 26 (Penalty Provisions) |
| (1) | Any person who obtains permission referred to in Article 6 by fraud or other improper means or constructs or upgrades a toll road without permission shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (2) | Where any person who obtains approval or approval for changes referred to in Article 17 (2) collects tolls, in violation of the conditions for such approval, he or she shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
[This Article Wholly Amended on Dec. 18, 2012]
| Article 27 (Joint Penalty Provisions) |
Where the representative of a corporation, or an agent, employee, or any other servant of a corporation or individual commits an offence provided for in Article 26 (1) or (2) in connection with the affairs of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such offence. [This Article Newly Inserted on Dec. 18, 2012]
| Article 28 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Dec. 22, 2020> |
| 1. | A person who implements an integrated accounting system, without approval under Article 18 (1); |
| 2. | A person who breaches the standards for maintaining, managing, and operating public-private partnership roads under Article 23-2 (2); |
| 2-2. | A person who fails to establish or submit a plan for maintenance and management or an implementation plan for maintenance and management, in violation of Article 23-3 (4), (6), or (7); |
| 3. | A person who refuses to submit data under Article 23-4 (2) or who submits false data. |
| (2) | The penalty surcharges under paragraph (1) shall be imposed and collected by the relevant toll road management agency, as prescribed by Presidential Decree. |
[This Article Wholly Amended on Jan. 16, 2018]
| Article 29 (Special Cases concerning Application of Provisions concerning Administrative Fines) |
In applying Article 28 concerning administrative fines, no administrative fine shall be imposed for an act for which a penalty surcharge has been already imposed under Article 25-2. [This Article Newly Inserted on Jan. 16, 2018]
ADDENDA <Act No. 6403, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Modification of Requirements for Constructing or Upgrading Toll Roads)
The amended provisions of Article 4 shall begin to apply to the first toll road to be constructed or upgraded after this Act enters into force. Article 3 (Transitional Measures concerning Penalty Provisions and Administrative Fines)
The application of the penalty provisions and administrative fines to any act done before this Act enters into force shall be governed by the previous provisions.
Article 4 (Transitional Measures concerning Construction Works of Toll Roads and Tolls by Non-Road Management Agencies)
Permission obtained by any non-road management agency for the construction works of a toll road or the collection of tolls under the previous provisions as at the time this Act enters into force shall be deemed that permission or approval therefor is obtained under Article 6 or 17 (2), respectively. Article 5 (Transitional Measures concerning Registration of Rights to Manage Toll Roads)
A right to manage the toll road registered under the previous provisions as at the time this Act enters into force shall be deemed registered under Article 10 (2). Article 6 (Transitional Measures concerning Integrated Accounting System)
Any motorway resulting from the integration of at least two motorways, for the use of which tolls are collected, upon approval obtained from the Minister of Construction and Transportation under the previous provisions as at the time this Act enters into force shall be deemed that approval under Article 18 is obtained. Article 7 Omitted.
ADDENDUM <Act No. 7242, Oct. 22, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7386, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 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. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9853, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11586, Dec. 18, 2012>
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. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDUM <Act No. 12255, Jan. 14, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12984, Jan. 6, 2015>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14017, Feb. 3, 2016>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 14717, Mar. 21, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 15022, Oct. 31, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 15 Omitted.
ADDENDA <Act No. 15357, Jan. 16, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Penalty Surcharges)
The amended provisions of Article 25-2 shall begin to apply to the first violation committed after this Act enters into force.
ADDENDA <Act No. 16633, Nov. 26, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDA <Act No. 17091, Mar. 24, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 17743, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Plans for Maintenance and Management and Implementation Plans for Maintenance and Management of Public-Private Partnership Roads)
A plan for maintenance and management and an implementation plan for maintenance and management of public-private partnership roads established pursuant to the previous provisions as at the time this Act enters into force shall be deemed a plan for maintenance and management and an implementation plan for maintenance and management under the amended provisions of Article 23-3 (4) and (6).