RAILROAD SERVICE ACT
Act No. 7303, Dec. 31, 2004
Amended by Act No. 8852, Feb. 29, 2008
Act No. 9075, Mar. 28, 2008
Act No. 9401, Jan. 30, 2009
Act No. 9608, Apr. 1, 2009
Act No. 10722, May 24, 2011
Act No. 11476, jun. 1, 2012
Act No. 11648, Mar. 22, 2013
Act No. 11690, Mar. 23, 2013
Act No. 13491, Aug. 11, 2015
Act No. 13688, Dec. 29, 2015
Act No. 13806, Jan. 19, 2016
Act No. 15683, jun. 12, 2018
Act No. 16146, Dec. 31, 2018
Act No. 16394, Apr. 23, 2019
Act No. 16637, Nov. 26, 2019
Act No. 17460, jun. 9, 2020
Act No. 17745, Dec. 22, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to help create an orderly and efficient business environment for railroad service providers in order to ensure their sound growth and improve the convenience of railroad users, thereby contributing to the development of the national economy.
[This Article Wholly Amended on May 24, 2011]
The terms used in this Act are defined as follows:
| 4. | The term "business railroad" means any railroad built or operated for the purpose of railroad service; |
| 5. | The term "exclusive railroad" means any railroad built or operated for serving one’s own special needs, not for meeting the needs of any third person; |
| 6. | The term "railroad service" means a business of transporting passengers and freights by using rolling stocks in response to the needs of any third persons at their cost; |
| 7. | The term "railroad train crew" means persons who provide crew services (referring to on-board services, locomotive operation and rail conductor services; hereinafter the same shall apply) and other railroad services in connection with railroad transportation; |
| 8. | The term "railroad service provider" means the Korea Railroad Corporation (hereinafter referred to as the "Railroad Corporation") established pursuant to the Korea Railroad Corporation Act or a person who has obtained a license for railroad service pursuant to Article 5; |
| 9. | The term "exclusive railroad operator" means a person who has an exclusive railroad registered pursuant to Article 34. |
[This Article Wholly Amended on May 24, 2011]
| Article 3 (Relationship to Other Statutes) |
Except as otherwise expressly prescribed by other Acts, railroad service shall be governed by this Act.
[This Article Wholly Amended on May 24, 2011]
CHAPTER II MANAGEMENT OF RAILROAD SERVICE
| Article 4 (Public Notification of Business Railroad Lines) |
| (1) | The Minister of Land, Infrastructure and Transport shall designate and publicly notify the numbers, names, terminal stations, and major transit points (including stations) of business railroad lines and other necessary matters, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 29, 2015> |
| (2) | In designating and publicly notifying business railroad lines under paragraph (1), the Minister of Land, Infrastructure and Transport shall classify such into the following categories: <Newly Inserted on Dec. 29, 2015> |
| 1. | Classification by area and distance of operation; |
| b. | Branch line railroads; |
| 2. | Classification by speed of operation; |
| a. | High speed railroad lines; |
| b. | Semi-high speed railroad lines; |
| (3) | The area, distance, and speed of operation as the criteria of business railroad lines under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Dec. 29, 2015> |
[This Article Wholly Amended on May 24, 2011]
[Title Amended on Dec. 29, 2015]
| Article 4-2 (Types of Rolling Stocks) |
For the purpose of estimating the ceiling on railroad fares and efficiently managing rolling stocks, the Minister of Land, Infrastructure and Transport may, in accordance with the speeds of operation prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, classify rolling stocks into the following types:
| 1. | High speed rolling stocks; |
| 2. | Semi-high speed rolling stocks; |
| 3. | General rolling stocks; |
[This Article Newly Inserted on Dec. 29, 2015]
| (1) | A person who intends to provide railroad service shall determine business railroad lines designated and publicly notified under Article 4 (1) and obtain a license therefor from the Minister of Land, Infrastructure and Transport. In such cases, the Minister of Land, Infrastructure and Transport may impose obligations necessary to enhance the public good and safety of railroads and improve their benefits for users, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Dec. 29, 2015> |
| (2) | A person who intends to obtain a license under paragraph (1) shall file an application for license, accompanied by a business plan, with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | A person eligible to obtain a license for railroad service shall be a corporation. |
[This Article Wholly Amended on May 24, 2011]
| Article 6 (Licensing Standards) |
Standards for licensing railroad service providers shall be as follows: <Amended on Mar. 23, 2013>
| 1. | The commencement of the relevant service shall be unlikely to compromise the safety of railroad traffic; |
| 2. | The operating plan for the relevant service shall be developed well enough to accommodate demand for and supply of transportation service between the operating sections and to promote the convenience of passengers; |
| 3. | The applicant shall be financially capable of providing the relevant service; |
| 4. | The number, the physical life and the specifications of rolling stocks to be used for the relevant service shall conform to the standards set by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Wholly Amended on May 24, 2011]
| Article 7 (Grounds for Disqualification) |
Any of the following corporations shall disqualified from obtaining a license to provide railroad service: <Amended on Dec. 31, 2018>
| 1. | A corporation any executive officer of which falls under any of the following items: |
| a. | A person under adult guardianship or limited guardianship; |
| b. | A person who is not yet reinstated after having been declared bankrupt; |
| c. | A person for whom two years have not yet passed since he or she completed imprisonment without labor or greater punishment for violating this Act or any railroad-related statutes prescribed by Presidential Decree (including the cases where the execution of the sentence is deemed to have been completed) or was exempt from the execution; |
| d. | A person under the suspension of the execution of imprisonment without labor or greater punishment for violating this Act and any railroad-related statutes prescribed by the Presidential Decree; |
| 2. | A person for whom two years have not passed since a license for a railroad service was revoked under Article 16 (1): Provided, That the revocation of a license for a railroad service under subparagraph 1 (a) or (b) shall be excluded herefrom. |
[This Article Wholly Amended on Dec. 29, 2015]
| Article 8 (Obligations to Commence Transportation) |
Every railroad service provider shall commence transportation on the date or within the period designated by the Minister of Land, Infrastructure and Transport: Provided, That where a railroad service provider is unable to do so due to an act of God or other unavoidable causes, he or she may postpone the commencement or extend the period upon approval from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 24, 2011]
| Article 9 (Reporting on Passenger Fares and Charges) |
| (1) | Every railroad service provider shall file a report on fares (referring to direct fees for passenger transportation, but excluding fees for providing facilities or services related to passenger transportation; hereafter the same shall apply) and charges for passengers (hereinafter referred to as “passenger fares and charges”) to the Minister of Land, Infrastructure and Transport. The same shall also apply when making any changes thereto. <Amended on Mar. 23, 2013; Dec. 29, 2015> |
| (2) | When determining or changing passenger fares and charges, a railroad service provider shall take into account such factors as prime costs and fairness of the passenger fares and charges in comparison with buses and other means of transportation. In such cases, passenger fares and charges shall not exceed the ceiling thereon designated and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Dec. 29, 2015> |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to designate the ceiling on passenger fares and charges referred to paragraph (2), he or she shall have a prior consultation with the Minister of Economy and Finance. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report or the report on change is accepted within three days from receipt of said report under paragraph (1). <Newly Inserted on Dec. 22, 2020> |
| (5) | A railroad service provider shall post the passenger fares and charges for which a report or a report on change has been filed under paragraph (1) in places easily visible to the general public, such as on the website, at relevant railroad stations, places of business, etc. one week before such fares and charges are applied. <Amended on Dec. 29, 2015; Dec. 22, 2020> |
[This Article Wholly Amended on May 24, 2011]
[Title Amended on Dec. 29, 2015]
| Article 9-2 (Reduction of or Exemption from Passenger Fares and Charges) |
| (1) | If deeming it necessary for emergency support for disaster recovery, commemorative events to attract passengers and the management of railroad service, a railroad service provider may reduce or exempt the passenger fares and charges reported on pursuant to Article 9 (1), specifying a period and eligibility requirements. <Amended on Dec. 29, 2015> |
| (2) | When reducing or exempting passenger fares and charges pursuant to paragraph (1), every railroad service provider shall post the details at places easily accessible by the general public, such as Internet homepage, relevant railroad stations, places of business, etc. three days before such passenger fares and charges are charged: Provided, That the same may not apply in cases of emergency. <Amended on Dec. 29, 2015> |
[This Article Wholly Amended on May 24, 2011]
[Title Amended on Dec. 29, 2015]
| Article 10 (Collection of Penalty Fares) |
| (1) | Where a passenger travels without paying the required fare and charge, a railroad service provider may collect a penalty fare up to 30 times the fare for the distance travelled, in addition to the fare applicable to the traveling section. <Amended on Dec. 31, 2018> |
| (2) | Where the freight rates calculated based on the item, weight, volume, or number of the articles of cargo recorded on the invoice by a shipper are below the regular rates without any reasonable ground, a railroad service provider may charge the shipper additional freight rates of up to five times the difference, in addition to such difference. |
| (3) | Where any railroad service provider intends to collect penalty fares under paragraphs (1) and (2), he or she shall determine in advance the standards for calculating additional fares based on the actions subject to penalty fares, types of trains, additional fares by service zones, etc. and include such standards in the contractual terms and conditions of railroad service provided for in Article 11 and file a report thereon with the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report is accepted within three days from receipt of said report under paragraph (3). <Newly Inserted on Dec. 22, 2020> |
| (5) | Those subject to penalty fares under paragraphs (1) and (2) shall make faithful payment. <Newly Inserted on Jan. 19, 2016; Dec. 22, 2020> |
[This Article Wholly Amended on May 24, 2011]
| Article 10-2 (Prohibition of Illicit Sale of Tickets) |
No person, other than a railroad service provider or a person entrusted by a railroad service provider to sell tickets, shall sell or help to sell tickets or any certificates equivalent thereto, such as discount coupons or convertible tickets, issued by any railroad service provider at prices higher than the prices he or she has paid, on a regular basis or for business purposes. <Amended on Aug. 11, 2015>
[This Article Newly Inserted on May 24, 2011]
| Article 11 (Contractual Terms and Conditions of Railroad Service) |
| (1) | Every railroad service provider shall establish the contractual terms and conditions for railroad service and report them to the Minister of Land, Infrastructure and Transport. The same shall also apply when amending such terms and conditions. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for drawing up the contractual terms and conditions for railroad service referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report or the report on change is accepted within three days from receipt of said report under paragraph (1). <Newly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on May 24, 2011]
| Article 12 (Change to Business Plan) |
| (1) | Where any railroad service provider intends to modify his or her business plan, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport: Provided, That he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport where he or she intends to modify important matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | If a railroad service provider falls under any of the following, the Minister of Land, Infrastructure and Transport may impose restrictions on the modifications to a business plan under paragraph (1): <Amended on Jun. 1, 2012; Mar. 23, 2013> |
| 1. | Where the railroad service provider fails to commence transportation on the date or within the period designated by the Minister of Land, Infrastructure and Transport pursuant to Article 8; |
| 2. | Where the railroad service provider for whom one year has not yet passed since he or she was ordered to make modifications to the plan, which involve the suspension of or restrictions on running trains on any rail line, or a decrease in the number of rolling stocks, pursuant to Article 16; |
| 3. | Where the railroad service provider fails to comply with an order for improvement issued pursuant to Article 21; |
| 4. | Where the frequency or scale of a railroad accident (referring to the railroad accident as defined in subparagraph 11 of Article 2 of the Railroad Safety Act; hereinafter the same shall apply) is the same as, or above, those specified in the standards set by Presidential Decree. |
| (3) | Procedures and standards for modifying a business plan under paragraphs (1) and (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report is accepted within three days from receipt of said report under the main clause of paragraph (1). <Newly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on May 24, 2011]
| Article 13 (Joint Transportation Agreements) |
| (1) | Where any railroad service provider intends to conclude or modify a contract on joint management or any other agreement on transportation (hereinafter referred to as "joint transportation agreement") with other railroad service providers shall obtain authorization therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That if they intend to modify minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, they shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Where the Minister of Land, Infrastructure and Transport intends to grant authorization for a joint transportation agreement pursuant to the main sentence of paragraph (1), he or she shall have a prior consultation with the Fair Trade Commission. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report is accepted within three days from receipt of said report under the proviso of paragraph (1). <N5ewly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on May 24, 2011]
| Article 14 (Transfer or Acquisition of Railroad Service) |
| (1) | Where any railroad service provider intends to transfer or acquire railroad service, he or she shall obtain authorization therefor from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Where any railroad service provider intends to merge with another railroad service provider or anyone who runs a business other than railroad service, he or she shall obtain authorization therefor from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where authorization under paragraph (1) or (2) is obtained, anyone who has acquired railroad service shall succeed to the status of the railroad service provider who transferred his or her railroad service and any corporation resulting from the consolidation or surviving the merger shall succeed to the status of the disappearing corporation as the railroad service provider. |
| (4) | Article 7 shall apply mutatis mutandis to authorization under paragraphs (1) and (2). |
[This Article Wholly Amended on May 24, 2011]
| Article 15 (Temporary or Permanent Closure of Service) |
| (1) | Where any railroad service provider intends to temporarily or permanently close the whole or part of his or her railroad service, he or she shall obtain permission therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That where he or she temporarily closes such service due to the destruction of any railroad track or railroad bridge, or improvement of railroad facilities, or on other justifiable grounds, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | A temporary closure under paragraph (1) shall not exceed six months: Provided, That the same shall not apply where the decision is made based on the proviso to paragraph (1). |
| (3) | Even if a railroad service provider has obtained permission or has temporarily closed his or her business pursuant to paragraph (1), he or she may resume service after filing a report thereon to the Minister of Land, Infrastructure and Transport if a ground for such closure no longer exists. <Amended on Mar. 23, 2013> |
| (4) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report is accepted within 60 days from receipt of said report under the proviso of paragraph (1) and paragraph (3). <Newly Inserted on Dec. 22, 2020> |
| (5) | Where a railroad service provider intends to temporarily or permanently close the whole or part of his or her railroad service, he or she shall post details of the service to be temporarily or permanently closed, including the duration of closure, on its website, at relevant railroad stations, places of business, etc. easily visible to the general public, as prescribed by Presidential Decree. <Newly Inserted on Dec. 22, 2020> |
[This Article Wholly Amended on May 24, 2011]
| Article 16 (Revocation of Licenses) |
| (1) | Where a railroad service provider falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke his or her license or order him or her to temporarily close the whole or part of the service or to make modifications to his or her business plan including the suspension of or restrictions on running trains on any rail line, or a decrease in the number of rolling stocks for up to six months: Provided, That a license shall be revoked in cases falling under subparagraph 4 or 7: <Amended on Mar. 23, 2013; Dec. 29, 2015> |
| 1. | Where the railroad service provider fails to perform licensed matters without any justifiable ground; |
| 2. | Where it is inappropriate to continue to provide the service due to an uncertainty over management, a serious deterioration in assets, or other grounds; |
| 3. | Where the railroad service provider is responsible for a large number of casualties, as prescribed by Presidential Decree, in a railroad accident caused intentionally or by gross negligence; |
| 4. | Where the railroad service provider has obtained a license for railroad service under Article 5 by fraud or other improper means; |
| 5. | Where the railroad service provider has violated any obligation attached to a license pursuant to the latter part of Article 5 (1); |
| 6. | Where the railroad service provider fails to meet the licensing standards provided for in Article 6: Provided, That this shall not apply where the standards are met within three months; |
| 7. | Where any executive officer of the railroad service provider falls under any ground for disqualification prescribed in the items of subparagraph 1 of Article 7: Provided, That this shall not apply where an executive officer of the relevant corporation who has become disqualified is replaced within three months; |
| 8. | Where the railroad service provider fails to commence transportation on the date or within the period designated by the Minister of Land, Infrastructure and Transport, in violation of Article 8; |
| 9. | Where the railroad service provider discontinues service without obtaining permission for temporary or permanent closure or filing a report thereon, as provided for in Article 15; |
| 10. | Where the railroad service provider fails to meet the obligations under Article 20 (1) three times or more a year; |
| 11. | Where the railroad service provider fails to comply with an order for improvement issued pursuant to Article 21; |
| 12. | Where the railroad service provider violates the ban on name-lending provided for in Article 23. |
| (2) | Standards and procedures for issuing the dispositions under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to revoke a license of railroad service pursuant to paragraph (1), he or she shall hold a hearing. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 17 (Imposition of Penalty Surcharges) |
| (1) | Where it is required to impose a suspension of business on a railroad service provider under Article 16 (1), but such disposition is likely to cause severe inconvenience to the users of railroad services rendered by the railroad service provider and to undermine the public interest, the Minister of Land, Infrastructure and Transport may impose and collect a penalty surcharge of up to 100 million won in lieu of such suspension. <Amended on Mar. 23, 2013> |
| (2) | Types of violations subject to penalty surcharges under paragraph (1), standards for imposing penalty surcharges, collection methods, and other necessary matters shall be prescribed by Presidential Decree. |
| (3) | Where a person subjected to a penalty surcharge under paragraph (1) fails to make the payment by the due date, the Minister of Land, Infrastructure and Transport shall collect such penalty surcharge in the same manner as delinquent national taxes are collected. <Amended on Mar. 23, 2013> |
| (4) | Penalty surcharges collected pursuant to paragraph (1) shall not be used for any purpose other than the following purposes: |
| 1. | Construction and operation of facilities for nurturing and training persons engaged in railroad service, improving their skills, or providing guidance to such persons; |
| 2. | Projects necessary to improve management of railroad service and to ensure its development; |
| 3. | Subsidies or loans provided for the purposes referred to in subparagraphs 1 and 2. |
| (5) | The Minister of Land, Infrastructure and Transport shall establish and implement a plan to manage penalty surcharges collected. <Amended on Mar. 23, 2013> |
| (6) | Procedures for the use of penalty surcharges, the establishment and implementation of a plan to manage penalty surcharges under paragraphs (4) and (5), and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 18 (Signs Affixed to Rolling Stocks) |
Every railroad service provider shall mark the name of the railroad service provider and other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport on the rolling stock used for railroad service. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 24, 2011]
| Article 19 (Transportation of Mail) |
Every railroad service provider may transport mail, newspapers, etc. along with passengers and freights.
[This Article Wholly Amended on May 24, 2011]
| Article 20 (Obligations of Railroad Service Providers) |
| (2) | Every railroad service provider shall faithfully implement the business plan and shall not engage in any act which might disturb orderly railroad transportation, such as suggesting unfair transport conditions or refusing to conclude a transportation contract without any justifiable grounds. |
| (3) | Every railroad service provider shall post on the website a schedule of passenger fares and charges, details of reduction and exemption as well as the contractual terms and conditions of railroad service, have the same in place at relevant railroad stations, offices, places of business, etc. and present them to any user at his or her request. <Amended on Dec. 29, 2015> |
| (4) | Except as otherwise expressly provided for in paragraphs (1) through (3), obligations that every railroad service provider needs to meet in order to provide safe transportation services and promote convenience of passengers and freight owners shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 21 (Orders to Improve Railroad Service) |
If deemed necessary to ensure a smooth railroad transportation, to improve services, to ensure safe transportation and to promote public welfare, the Minister of Land, Infrastructure and Transport may order railroad service providers to implement the following: <Amended on Mar. 23, 2013>
| 1. | To modify a business plan; |
| 2. | To carry out maintenance rolling stocks, equipment and facilities necessary for transportation; |
| 3. | To improve the method of collecting freight rates and passenger fares; |
| 4. | To modify the contractual terms and conditions of railroad service; |
| 5. | To conclude a joint transportation agreement; |
| 6. | To purchase an insurance policy to compensate for any damage caused by any accident involving rolling stocks and railroads; |
| 7. | To take measures necessary to ensure safe transportation and to upgrade services; |
| 8. | To offer training programs for nurturing railroad train crew and improving their skills. |
[This Article Wholly Amended on May 24, 2011]
| Article 22 (Obligations of Railroad Train Crew) |
Any member of railroad train crew engaged in railroad service shall not conduct any of the following activities: <Amended on Mar. 23, 2013>
| 1. | Refusing to transport passengers or freights, or having passengers get off or getting freights to be unloaded halfway, without any justifiable grounds; |
| 2. | Demanding or receiving unfair freight rates or passenger fares; |
| 3. | Violating obligations of railroad train crew, which are prescribed by Ordinance of Ministry of Land, Infrastructure and Transport to ensure safe operation and convenience of passengers and freight owners. |
[This Article Wholly Amended on May 24, 2011]
| Article 23 (Ban on Name Lending) |
Every railroad service provider shall be banned from allowing any third person to provide railroad service by using his or her name or trade name.
[This Article Wholly Amended on May 24, 2011]
| Article 24 (Responsibility for Transporting Railroad Freights) |
| (1) | Article 135 of the Commercial Act shall apply mutatis mutandis to the liability of railroad service providers to compensate for the destruction of and damage to freights or delayed delivery of freights. |
| (2) | In the application of paragraph (1), where any freight is not delivered within three months from the delivery deadline, such freight shall be deemed to have been destroyed. |
[This Article Wholly Amended on May 24, 2011]
| Article 25 Deleted. <Jun. 12, 2018> |
CHAPTER III IMPROVEMENTS IN RAILROAD SERVICES
| Article 26 (Evaluation of Railroad Service Quality) |
| (1) | The Minister of Land, Infrastructure and Transport shall prepare appropriate standards for railroad services rendered by railroad service providers and evaluate the quality of the services based on such standards in order to promote public welfare and to protect the rights and interests of railroad users. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the railroad service standards, items subject to such evaluation, evaluation procedures under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 27 (Announcement and Use of Evaluation Results) |
| (1) | Where the Minister of Land, Infrastructure and Transport evaluates the quality of railroad services pursuant to Article 26, he or she shall announce the results via mass media outlets, including newspapers, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport may take necessary measures, including issuance of an order to improve railroad service under Article 21, depending upon the evaluation results. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 28 (Certification of Outstanding Railroad Services) |
| (1) | The Minister of Land, Infrastructure and Transport may certify outstanding railroad services to facilitate improvement in the quality of railroad services, to the extent that does not restrict competition among railroad service providers, upon consultation with the Fair Trade Commission. <Amended on Mar. 23, 2013> |
| (2) | Any railroad service provider certified pursuant to paragraph (1) may affix a mark indicating the details thereof (hereinafter referred to as "outstanding service mark") to rolling stocks, railroad station facilities, railroad goods, etc. and publicize the fact. |
| (3) | No person other than those who have obtained certification under paragraph (1) shall affix outstanding service marks or signs similar thereto to rolling stocks, railroad station facilities and railroad goods or publicize them. |
| (4) | Procedures for certifying outstanding railroad services, certification criteria, outstanding service marks, matters necessary for the post management of certifications and other matters necessary for such certification shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 29 (Entrustment of Evaluation) |
If deemed necessary to create a system for efficiently evaluating the quality of railroad services, the Minister of Land, Infrastructure and Transport may entrust specialized institutions, etc. with the surveys, evaluations, research, etc. on the service quality and examinations necessary to certify outstanding railroad services provided for in Article 28 (1). <Amended on Mar. 23, 2013> [This Article Wholly Amended on May 24, 2011]
| Article 30 (Requests for Materials) |
| (1) | The Minister of Land, Infrastructure and Transport or a person entrusted to conduct evaluations, etc. pursuant to Article 29 may request railroad service providers to submit relevant materials, present their opinions, etc., or conduct a field survey when evaluating railroad services. <Amended on Mar. 23, 2013> |
| (2) | Any railroad service provider requested to submit materials or present their opinions, etc. under paragraph (1) shall comply therewith unless there is a compelling reason not to do so. |
[This Article Wholly Amended on May 24, 2011]
| Article 31 (Joint Use of Railroad Facilities) |
A person who manages railroad tracks for public transportation purposes and the following joint-use facilities shall, if any railroad service provider requests the joint use of such facilities, allow him or her to use them upon entering into an agreement:
| 1. | Railroad stations and railroad station facilities (including logistics facilities, transfer facilities and facilities for convenience); |
| 2. | Facilities used to maintain rolling stocks, including those for maintenance, tests, inspection and storage of rolling stocks; |
| 3. | Facilities used to recover from an accident, conduct rescue operations and take refuge; |
| 4. | Facilities used to form or separate train cars, etc.; |
| 5. | Information and communications facilities necessary to operate railroads. |
[This Article Wholly Amended on May 24, 2011]
| Article 32 (Separate Accounting) |
| (1) | Where any railroad service provider also runs other business, he or she shall keep the accounting for the railroad service separate from that for the other business. <Amended on Dec. 29, 2015> |
| (2) | To improve efficiency of railroad operation and transparence of accounting, a railroad service provider shall keep the separate accounting for each type and line of the railroad service, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transportation. <Newly Inserted on Dec. 29, 2015> |
[This Article Wholly Amended on May 24, 2011]
| Article 33 (Legal Fiction as Public Officials in Applying Penalty Provisions) |
[This Article Wholly Amended on May 24, 2011]
CHAPTER IV EXCLUSIVE RAILROADS
| Article 34 (Registration) |
| (1) | A person who intends to run any exclusive railroad shall file with the Minister of Land, Infrastructure and Transport an application for registration, accompanied by an operating plan stating matters concerning the construction, operation, security and transportation of the exclusive railroad, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. The same shall also apply when modifying any matter so registered: Provided, That this shall not apply to any minor modification prescribed by Presidential Decree. <Amended on Mar. 23, 2013> |
| (2) | Matters necessary for the standards and procedures for the registration of an exclusive railroad shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | In applying the standards for registration referred to in paragraph (2), the Minister of Land, Infrastructure and Transport may place restrictions or encumbrances on the registration, where deemed necessary to take into consideration regional characteristics, such as environmental pollution and surrounding conditions, or where otherwise deemed necessary for public interests. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 35 (Grounds for Disqualification) |
Any of the following persons shall be disqualified from registering his or her exclusive railroad. The same shall apply to a corporation, if any one of its executive officers falls under any of the following: <Amended on Dec. 29, 2015>
| 1. | A person falling under any of the items of subparagraph 1 of Article 7; |
| 2. | A person whose registration of an exclusive railroad was revoked under this Act and for whom one year has yet to pass from such revocation. |
[This Article Wholly Amended on May 24, 2011]
| Article 36 (Transfer or Acquisition of Operation of Exclusive Railroads) |
| (1) | A person who intends to transfer or acquire the operation of any exclusive railroad shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (2) | Where a corporation whose exclusive railroad has been registered intends to merge with any other corporation, it shall file a report thereon with the Minister of Land, Infrastructure and Transport, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
| (3) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report is accepted within 30 days from receipt of said report under paragraph (1) or (2). <Newly Inserted on Dec. 22, 2020> |
| (4) | Where the report filed under paragraph (1) or (2) has been accepted, a person who has acquired the operation of the exclusive railroad shall succeed to the status of exclusive railroad operator, and any corporation surviving the merger or resulting from the consolidation shall succeed to the status of exclusive railroad operator of the dissolving corporation. <Amended on Dec. 22, 2020> |
| (5) | Article 35 shall apply mutatis mutandis to the report under paragraphs (1) and (2). <Amended on Dec. 22, 2020> |
[This Article Wholly Amended on May 24, 2011]
| Article 37 (Succession of Operation of Exclusive Railroads) |
| (1) | Where an exclusive railroad operator is deceased and the successor intends to continue the operation thereof, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport within three months from the date of such death. <Amended on Mar. 23, 2013> |
| (2) | The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report is accepted within 10 days from receipt of said report under paragraph (1). <Amended on Dec. 22, 2020> |
| (3) | Where the report filed under paragraph (1) has been accepted, the successor shall succeed to the status of exclusive railroad operator, and the registration of the exclusive railroad filed for by the decedent during the period between the date of the decedent's death to the date of receipt of the report shall be deemed registration by the successor. <Amended on Dec. 22, 2020> |
| (4) | Article 35 shall apply mutatis mutandis to the report filed under paragraph (1): Provided, That where the successor who falls under any subparagraph of Article 35 transfers the operation of the exclusive railroad to any other person within three months from the decedent’s death, the registration of the exclusive railroad filed for by the decedent shall be deemed the registration by the successor during the period between the date of the decedent’s death and the date of such transfer. |
[This Article Wholly Amended on May 24, 2011]
| Article 38 (Temporary or Permanent Closure of Operation of Exclusive Railroads) |
Where an exclusive railroad operator temporarily or permanently closes, in whole or in part of, the operation, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport within one month from the date of such closure. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 24, 2011]
| Article 39 (Orders to Improve Operation of Exclusive Railroads) |
If deemed necessary to ensure the sound development of the operation of exclusive railroads, the Minister of Land, Infrastructure and Transport may order exclusive railroad operators to perform the following: <Amended on Mar. 23, 2013>
| 1. | To relocate a place of business; |
| 2. | To improve facilities and operation. |
[This Article Wholly Amended on May 24, 2011]
| Article 40 (Revocation and Suspension of Registration) |
If any exclusive railroad operator falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke his or her registration or order the operator to close the whole or part of the business for a period of up to one year: Provided, That he or she shall revoke registration in cases falling under subparagraph 1: <Amended on Mar. 23, 2013>
| 1. | Where he or she files for registration under Article 34 by fraud or other improper means; |
| 2. | Where he or she fails to meet the registration standards provided for in Article 34 (2) or fails to satisfy the encumbrances provided for in paragraph (3) of the same Article; |
| 3. | Where he or she fails to operate an exclusive railroad for at least three months without filing a report on temporary or permanent closure. |
[This Article Wholly Amended on May 24, 2011]
| Article 41 (Provisions Applicable Mutatis Mutandis) |
Articles 16 (3) and 23 shall apply mutatis mutandis to exclusive railroads. In such a case, “license for railroad service” shall be construed as “registration of exclusive railroads,” “railroad service providers” as “exclusive railroad operators” and “railroad service” as “operation of exclusive railroads.” [This Article Wholly Amended on May 24, 2011]
CHAPTER V UTILIZATION OF, AND SUPPORT FOR NATIONAL RAILROAD FACILITIES
| Article 42 (Permission for Occupation and Use) |
| (1) | The Minister of Land, Infrastructure and Transport may grant permission for occupation and use to a person who intends to construct buildings or other establishments (hereinafter referred to as "establishments") on railroad facilities owned and managed by the State after determining the types of such establishments, period of occupation and use, etc. as prescribed by Presidential Decree, notwithstanding Article 18 of the State Property Act. <Amended on Mar. 23, 2013> |
| (2) | Permission for occupation and use under paragraph (1) shall be granted exclusively to railroad service providers and persons who run a business which railroad service providers invest in, subsidize or contribute to, and the types of establishments and the business the persons intend to run shall not impede railroad service. |
[This Article Wholly Amended on May 24, 2011]
| Article 42-2 (Revocation of Permission for Occupation and Use) |
| (1) | Where any person who has obtained permission for occupation and use under Article 42 (1) falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport may revoke such permission: |
| 1. | Where the person occupies and uses the railroad facilities for purposes other purposes, for which permission was granted; |
| 2. | Where the types of establishments and the business the person intends to run impede railroad service, in violation of Article 42 (2); |
| 3. | Where the person fails to commence the construction works for which permission for occupation and use was granted, within one year after the date of obtaining said permission: Provided, That the period of commencement of the construction works may be extended by up to one year, if the person has good cause; |
| 4. | Where the person fails to pay fees for occupation and use under Article 44; |
| 5. | Where the person who obtains permission for occupation and use voluntarily applies for revocation of said permission. |
| (2) | The procedures and methods for revoking permission for occupation and use under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
[This Article Newly Inserted on Nov. 26, 2019]
| Article 43 (Construction of Establishments by Proxy) |
Where all or part of the establishments a person who has obtained permission for occupation and use pursuant to Article 42 (hereinafter referred to as "person who obtains permission for occupation and use") intends to construct are related to the management of the railroad facilities, the Minister of Land, Infrastructure and Transport may build the establishments on commission from such person at his or her expense, or may have the Korea National Railway established under the Korea National Railway Act to do so. <Amended on Mar. 23, 2013; Jun. 9, 2020> [This Article Wholly Amended on May 24, 2011]
| Article 44 (Fees for Occupation and Use) |
| (1) | The Minister of Land, Infrastructure and Transport shall impose fees for occupation and use on persons who have obtained permission for occupation and use, as prescribed by Presidential Decree. <Amended on Dec. 31, 2018> |
| (2) | Notwithstanding paragraph (1), where a person who obtains permission for occupation and use falls under any of the following subparagraphs, a fee for occupation and use may be reduced or waived, as prescribed by Presidential Decree: <Newly Inserted on Dec. 31, 2018> |
| 1. | Where he or she obtains permission for occupation and use to set up establishments to be transferred or furnished to the State without compensation; |
| 2. | Where he or she obtains permission for occupation and use during the construction period to set up establishments under subparagraph 1 or where he or she obtains permission for occupation and use to set up temporary establishments; |
| 4. | Where it is impossible to attain the originally intended purpose of occupation and use of the railroad due to a disaster or other unavoidable circumstance; |
| 5. | Where he or she obtains permission for occupation and use to conduct a public works project prescribed by Presidential Decree which could have substantial impact on the national economy; |
| (3) | Where the Minister of Land, Infrastructure and Transport allows the Korea National Railway established under the Korea National Railway Act to perform some of the duties related to construction, management, etc. of railroad facilities under Article 19 (2) of the Framework Act on Railroad Industry Development, he or she may entrust the duty to collect fees for occupation and use under paragraph (1) to the Korea National Railway. <Newly Inserted on Apr. 23, 2019; Jun. 9, 2020> |
| (4) | If a person who obtains permission for occupation and use fails to pay the fees for occupation and use pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall collect such fees in the same manner as delinquent national taxes. <Amended on Mar. 23, 2013; Dec. 31, 2018; Apr. 23, 2019> |
[This Article Wholly Amended on May 24, 2011]
| Article 44-2 (Collection of Indemnification) |
The Minister of Land, Infrastructure and Transport may collect an amount equivalent to 120/100 of fees for occupation and use as indemnification from a person who occupies and uses railroad facilities without obtaining permission for occupation use under Article 42 (1). In such cases, Article 44 (3) shall apply mutatis mutandis to the collection of indemnification. [This Article Newly Inserted on Nov. 26, 2019]
| Article 45 (Transfer of Rights and Obligations) |
Where a person intends to transfer the rights and obligations arising from permission for occupation and use under Article 42, he or she shall obtain authorization therefor from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013> [This Article Wholly Amended on May 24, 2011]
| Article 46 (Duty of Restoration) |
| (1) | A person who obtains permission for occupation and use shall restore the railroad property for which such permission has been granted to its original state, where the period for occupation and use expires or where the permission for occupation and use is revoked under Article 42-2 (1): Provided, That where the Minister of Land, Infrastructure and Transport deems it impracticable or inappropriate to do so, he or she may be relieved from the duty to restore the railroad property. <Amended on Mar. 23, 2013; Nov. 26, 2019> |
| (2) | Where a person who obtains permission for occupation and use fails to restore the railroad property as required under the main sentence of paragraph (1), the Minister of Land, Infrastructure and Transport may remove the establishments or take other necessary measures in accordance with the Administrative Vicarious Execution Act. <Amended on Mar. 23, 2013> |
| (3) | Where the Minister of Land, Infrastructure and Transport relieves the restoration obligation under the proviso to paragraph (1), he or she may do so on the condition that the establishments, etc. built on the railroad property revert to the State without compensation. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
| Article 46-2 (Special Cases concerning Period of Permission for Use of Establishments Reverted to the State) |
| (2) | The permission for use previously granted to the establishment whose period of permission under paragraph (1) has expired may be renewed only once for a period of up to 10 years. |
| (3) | Notwithstanding Article 30 (2) of the State Property Act, a person granted permission for use pursuant to paragraph (1) may allow any other person to use or profit from part of the relevant establishment with approval from the Minister of Land, Infrastructure and Transport to the extent not contrary to the use or purpose of said permission for use. |
[This Article Newly Inserted on Apr. 23, 2019]
CHAPTER VI SUPPLEMENTARY PROVISIONS
| Article 47 (Reporting or Inspection) |
| (1) | If deemed necessary, the Minister of Land, Infrastructure and Transport may order any railroad service provider and any exclusive railroad operator to file a report or submit documents on the matters concerning the operation of the relevant railroad service or exclusive railroads and other matters concerning the ownership and use of rolling stocks. <Amended on Mar. 23, 2013> |
| (2) | If deemed necessary, the Minister of Land, Infrastructure and Transport may require public officials under his or her control to inspect the books, documents, facilities and other articles of railroad service providers and exclusive railroad operators. <Amended on Mar. 23, 2013> |
| (3) | Public officials assigned to conduct an inspection pursuant to paragraph (2) shall carry an identification indicating their authority with themselves and present it to interested persons. |
| (4) | Matters concerning the identification referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013> |
[This Article Wholly Amended on May 24, 2011]
A person who intends to obtain a license or authorization, a person who intends to file for registration or file any report, or a person who files an application for the re-issuance of a license certificate, a written authorization, a registration certificate, a written certificate or a permit shall pay required fees determined by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>
[This Article Wholly Amended on May 24, 2011]
| Article 48-2 (Re-Examination of Regulation) |
The Minister of Land, Infrastructure and Transport shall examine the appropriateness of the following matters every three years counting from January 1, 2014 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Dec. 29, 2015>
| 1. | Reporting, etc. on passenger fares and charges under Article 9; |
| 2. | The cap on penalty fares under Article 10 (1) and (2); |
| 3. | Orders to improve railroad service under Article 21; |
| 4. | Orders to improve the operation of exclusive railroads under Article 39. |
[This Article Newly Inserted on Jan. 6, 2015]
CHAPTER VII PENALTY PROVISIONS
| Article 49 (Penalty Provisions) |
| (1) | Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: |
| 1. | A person who provides railroad service without obtaining a license provided for in Article 5 (1); |
| 2. | A person who obtains a license for railroad service provided for in Article 5 (1) by fraud or other improper means; |
| 3. | A person who provides railroad service during business suspension under Article 16 (1); |
| 4. | A person who fails to comply with an order to modify a business plan under Article 16 (1); |
| 5. | A person who has any third person provide railroad service by lending his or her name or trade name, in violation of Article 23 (including cases applied mutatis mutandis under Article 41); |
| 6. | A person who refuses to comply with a request for joint use made by railroad service providers without good cause, in violation of Article 31. |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: |
| 1. | A person who operates an exclusive railroad without registration, in violation of Article 34 (1); |
| 2. | A person who has his or her exclusive railroads registered under Article 34 by fraud or other improper means. |
| (3) | Any of the following persons shall be punished by a fine not exceeding 10 million won: <Amended on Mar. 23, 2013> |
| 1. | A person who enters into a joint transportation agreement or modifies the same without obtaining authorization therefor from the Minister of Land, Infrastructure and Transport, in violation of Article 13; |
| 2. | Deleted; <Mar. 22, 2013> |
| 3. | A person who affixes any outstanding service mark or any sign similar thereto to any rolling stock or publicizes them, in violation of Article 28 (3). |
[This Article Wholly Amended on May 24, 2011]
| Article 50 (Joint Penalty Provisions) |
Where a representative of a corporation, or an agent, an employee or other worker of the corporation or an individual commits a violation of Article 49 in connection with the duties of the corporation or the individual, not only shall such violator be punished, but also the corporation or the individual shall be punished by a fine prescribed by the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. [This Article Wholly Amended on Apr. 1, 2009]
| Article 51 (Administrative Fines) |
| (1) | Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended on May. 24, 2011; Aug. 11, 2015; Dec. 29, 2015> |
| 1. | A person who fails to file a report on passenger fares and charges under Article 9 (1); |
| 2. | A person who fails to file a report on the contractual terms and conditions of railroad service under Article 11 (1), or a person who fails to fulfill the contractual terms and conditions of railroad service reported on; |
| 3. | A person who modifies his or her business plan without obtaining authorization therefor or filing a report thereon under Article 12; |
| 4. | A person who, on a regular basis or for profits, sells or helps to sell tickets or any certificates corresponding thereto, such as discount coupons or convertible tickets, at prices higher than the prices he or she has paid, in violation of Article 10-2. |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on May 24, 2011; Dec. 29, 2015> |
| 1. | Any railroad service provider who fails to affix signs to business rolling stocks under Article 18; |
| 2. | Deleted; <Jun. 12, 2018> |
| 3. | A person who fails to keep the accounting for his or her railroad service separate from that for other business, in violation of Article 32 (1) or (2); |
| 4. | A person who fails to comply with an order issued under Article 47 (1) or refuses, interferes with or evades an inspection conducted under Article 47 (2), without good cause. |
| (3) | Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 24, 2011> |
| 1. | A person who fails to observe the obligations under Article 20 (2) through (4); |
| 2. | Deleted. <Jun. 12, 2018> |
| (4) | Any railroad train crew member who violates Article 22 and any railroad service provider for whom he or she works shall be punished by an administrative fine of up to 500,000 won. <Amended on May 24, 2011> |
| (5) | Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Nov. 1, 2009; Dec. 23, 2013> |
| (6) | Deleted. <Apr. 1, 2009> |
| (7) | Deleted. <Apr. 1, 2009> |
| Article 52 Deleted. <May 24, 2011> |
ADDENDA <Act No. 7303, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Repeal of other Act)
Article 3 (General Transitional Measures concerning Railroad Service)
| (1) | Any disposition taken by, any act performed by and various reports made to any administrative agency and any act performed to any administrative agency pursuant to the previous Railroad Act prior to the enforcement of this Act shall be deemed an act performed by or performed to the administrative agency under this Act. |
| (2) | The application of the penalty provisions and imposition of an administrative fine for violations of provisions of the previous Railroad Act committed prior to the enforcement of this Act shall be governed by the previous provisions. |
Article 4 (Transitional Measures concerning Licenses of Railroad Service and Registration of Exclusive Railroads)
| (1) | Any person who has obtained a license for a public railroad pursuant to Article 5 of the previous Railroad Act at the time of the enforcement of this Act shall be deemed to have obtained a license for railroad service pursuant to Article 5 of this Act. |
| (2) | Any person who has obtained a license for an exclusive railroad pursuant to Article 5 of the pervious Railroad Act at the time of the enforcement of this Act shall be deemed to have such exclusive railroad registered pursuant to Article 34 of this Act. |
Article 5 (Transitional Measures concerning Signs of Railroad Cars)
Article 6 Omitted.
Article 7 (Relations with Other Statutes)
In cases where other statutes quote the provisions of the previous Railroad Act as at the time of the enforcement of this Act and this Act has the provisions corresponding thereto, this Act and the relevant provisions of this Act shall be deemed to have been quoted.
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.
ADDENDUM <Act No. 9075, Mar. 28, 2008>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA <Act No. 9608, Apr. 1, 2009>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures) The application of the penalty provisions to an act committed before this Act enters into force shall be governed by the former provisions. |
ADDENDUM <Act No. 10722, May 24, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11476, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 11648, Mar. 22, 2013>
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.
ADDENDUM <Act No. 12991, Jan. 6, 2015>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13491, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Incompetent Persons)
Notwithstanding the amended subparagraph 1 of Article 7, former provisions shall apply to persons for whom the effect of a declaration of incompetency or quasi-incompetency is maintained pursuant to Article 2 of the Addenda to Act No. 10429 of the partial amendments to the Civil Act.
ADDENDA <Act No. 13688, Dec. 29, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Separation of Accounting)
The amended provisions of Article 32 (2) shall apply beginning from a fiscal year in which this Act enters into force. Article 3 Omitted.
ADDENDUM <Act No. 13806, Jan. 19, 2016>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 15683, Jun. 12, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That ··· <omitted> ··· the amended provisions of Article 6 of the Addenda shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 16146, Dec. 31, 2018>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Full or Partial Exemptions from Fees for Occupation and Use)
The amended provisions of Article 44 (2) shall begin to apply to cases where fees for occupation and use are imposed under paragraph (1) of the same Article in accordance with the permission for occupation and use granted by the Minister of Land, Infrastructure and Transport after this Act enters into force. Article 3 Omitted.
ADDENDA <Act No. 16394, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 44 (3), as partially amended by Act No. 16146, shall enter into force on July 1, 2019. Article 2 (Applicability to Special Cases concerning Period of Permission for Establishments Reverted to the State)
ADDENDUM <Act No. 16637, Nov. 26, 2019>
This Act shall enter into force six months after the date of its promulgation
ADDENDA <Act No. 17460, Jun. 9, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 17745, Dec. 22, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reporting on Passenger Fares and Charges)
| (1) | The amended provisions of Article 9 (4) shall begin to apply to cases where reports on passenger fares and charges or reports on changes thereto are filed after this Act enters into force. |
| (2) | The amended provisions of Article 10 (4) shall begin to apply to cases where reports on penalty fares are filed after this Act enters into force. |
| (3) | The amended provisions of Article 11 (3) shall begin to apply to cases where reports on contractual terms and conditions for railroad service or reports on changes thereto are filed after this Act enters into force. |
| (4) | The amended provisions of Article 12 (4) shall begin to apply to cases where reports on business plans or reports on changes thereto are filed after this Act enters into force. |
| (5) | The amended provisions of Article 13 (3) shall begin to apply to cases where reports on modification of a joint transportation agreement are filed after this Act enters into force. |
| (6) | The amended provisions of Article 15 (4) shall begin to apply to cases where reports on temporary closure or resumption of service are filed after this Act enters into force. |
| (7) | The amended provisions of Article 36 (3) shall begin to apply to cases where transfers or acquisitions of the operation of exclusive railroads or where reports on mergers are filed after this Act enters into force. |
| (8) | The amended provisions of Article 37 (2) shall begin to apply to cases where reports on the succession to the operation of exclusive railroads are filed after this Act enters into force. |
Article 3 (Transitional Measures concerning Transfer or Acquisition of Operation of Exclusive Railroads)
The previous provisions shall apply to the timing to succeed to the status of exclusive railroad operator under the previous provisions as at the time this Act enters into force, notwithstanding the amended provisions of Article 36 (4).