CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to prescribe matters necessary for laying the foundation and providing support for the systematic performance of mobility innovation and revitalization of mobility, thereby contributing to a significant enhancement of national mobility by introducing and disseminating new means of mobility and mobility infrastructure, services, and technologies.
The terms used in this Act are defined as follows:
| 1. | The term "mobility" means an act, function, or process of moving or transporting people or goods from one place to another, referring to a comprehensive mobility in consideration of the perspective of users which can be secured through means, infrastructure, and a series of services related thereto; |
| 2. | The term “means of mobility” means any of the following means used for mobility: |
| (b) | Non-motorized means of transport such as walking; |
| (c) | Means of transportation incorporating advanced technologies, such as autonomous driving motor vehicles and urban air mobility; |
| 3. | The term "mobility infrastructure" means any of the following facilities necessary for operating a means of mobility: |
| (b) | Facilities necessary for operating a means of mobility incorporating advanced technologies; |
| (c) | Tangible and intangible systems (including computer systems) annexed to the facilities specified in items (a) and (b) or those assisting the smooth operation of a means of mobility; |
| 4. | The term "mobility service" means the service of directly moving people or goods or enabling others to move by using a means of mobility or mobility infrastructure, or the service of providing others with a means of mobility or mobility infrastructure; |
| 5. | The term "mobility innovation" means improving mobility from the perspective of users by combining advanced technologies, such as autonomous driving, artificial intelligence, and information and communications technology, and by strengthening the connectivity between means of transport; |
| 6. | The term "revitalization of mobility" means routinizing mobility innovation, such as the operation of a means of mobility and provision of services, the development, installation, and operation of infrastructure necessary therefor, and the realization of various mobility services connecting means of mobility and mobility infrastructure; |
| 7. | The term "advanced mobility" means a means of mobility and mobility infrastructure, services, and technologies, which incorporate advanced technologies and are deemed distinctive from the method, form, etc. of driving, provision, installation, and operation of existing transport systems; |
| 8. | The term "regulatory exception for demonstration" means not applying all or part of the relevant regulation to a means of mobility or mobility infrastructure, service, or technology for tests, verifications, etc. thereof if it is impracticable to conduct business for the reason that it is impossible to apply for permission, approval, certification, verification, authorization, etc. (hereinafter referred to as "permission, etc.") for the means of mobility or the mobility infrastructure, service, or technology under other statutes or regulations; that the statutes or regulations governing permission, etc. do not provide for standards, specifications, requirements, etc.; or that it is inappropriate to apply thereto the standards, specifications, requirements, etc. under statutes or regulations. |
| Article 3 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall secure budget necessary for the introduction, dissemination, revitalization, etc. of advanced mobility, and formulate and implement various policy measures. |
| (2) | The Minister of Land, Infrastructure and Transport shall endeavor to secure compatibility with existing spatial systems, including cities and architecture, in consideration of changes of spatial structures resulting from mobility innovation. |
| Article 4 (Relationship to Other Statutes) |
With respect to a regulatory exception for demonstration of mobility (hereinafter referred to as “regulatory exception for demonstration”), this Act shall prevail over other statutes: Provided, That when other statutes include less restrictive provisions than this Act regarding special cases concerning regulation, the provisions of such statutes shall apply.
CHAPTER II SUPPORT FOR REVITALIZATION OF MOBILITY
| Article 5 (Surveys on Current Status of Advanced Mobility) |
| (1) | To reasonably formulate and implement plans and programs for revitalizing advanced mobility, the Minister of Land, Infrastructure and Transport shall annually conduct a survey on the current status of advanced mobility including the following matters and publish the results thereof: |
| 1. | The current status of the dissemination and service of the means of advanced mobility; |
| 2. | The current status of the installation and management of advanced mobility infrastructure; |
| 3. | Trends in the development of technologies relating to advanced mobility; |
| 4. | The level of satisfaction of the public with the level of advanced mobility services; |
| 5. | Matters necessary to revitalize advanced mobility, such as the current use of means and services for linking with existing mobility by region, traffic corridor, and time zone, the current status of the installation and management of infrastructure, and policy demand. |
| (2) | In order to facilitate the current status surveys under paragraph (1), the Minister of Land, Infrastructure and Transport may request the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) to provide necessary data or support. In such cases, a Mayor/Do Governor or the head of a Si/Gun/Gu shall actively cooperate. |
| (3) | Matters necessary for, among other things, the methods and results of the current status surveys under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 6 (Formulation of Mobility Improvement Plans and Implementation of Improvement Projects) |
| (1) | To improve conditions for using advanced mobility, the head of a Si/Gun/Gu may formulate a mobility improvement plan (hereinafter referred to as "mobility improvement plan"), including the following: |
| 1. | Spatial and time scope of a mobility improvement plan; |
| 2. | Matters regarding the current status of mobility by region, traffic corridor, and time zone, and the service level and improvement directions; |
| 3. | Detailed plans for the expansion of means of mobility, mobility infrastructure, etc. for using advanced mobility; |
| 4. | Matters regarding the implementation systems and the raising and management of financial resources; |
| 5. | Other matters necessary for improving conditions for using advanced mobility. |
| (2) | A Mayor/Do Governor may formulate a mobility improvement plan under paragraph (1) in either of the following cases: |
| 1. | Where a mobility improvement plan is formulated for at least two Sis/Guns/Gus under his or her jurisdiction; |
| 2. | Where no Si/Gun under his or her jurisdiction is a local government. |
| (3) | If the Mayor/Do Governor or the head of a Si/Gun/Gu (hereinafter referred to as the "head of a local government") intends to formulate a mobility improvement plan, he or she may seek advice from a specialized institution in the relevant field or from a mobility support center designated under Article 7 (hereinafter referred to as "mobility support center"). |
| (4) | The head of a local government may implement a mobility improvement project in accordance with a mobility improvement plan. |
| (5) | The Minister of Land, Infrastructure and Transport may evaluate the realizability, feasibility, appropriateness, etc. of a mobility improvement plan formulated under paragraphs (1) and (2), and provide financial support for improvement projects implemented by a local government that has achieved excellent evaluation results with its plan. |
| (6) | Other matters necessary for the methods and procedures for formulating a mobility improvement plan and the criteria and methods, etc. of evaluation thereof shall be prescribed by Presidential Decree. |
| Article 7 (Designation of Mobility Support Centers) |
| (1) | To efficiently support mobility innovation, the Minister of Land, Infrastructure and Transport may designate any of the following institutions as a mobility support center for a period prescribed by Presidential Decree: |
| 4. | Other institutions prescribed by Presidential Decree. |
| (2) | A mobility support center shall perform the following business affairs: |
| 1. | Supporting surveys on the current status of advanced mobility under Article 5; |
| 2. | Providing advice and support for the formulation and evaluation of mobility improvement plans and the implementation of improvement projects under Article 6; |
| 3. | Providing advice and support for the formulation of measures for mobility infrastructure under Article 8; |
| 4. | Providing advice and support for the designation and operation of a mobility specialized city under Article 10; |
| 5. | Providing advice and support for regulatory exceptions for demonstration; |
| 6. | Programs entrusted by the Government for purposes of mobility innovation; |
| 7. | Other business affairs prescribed by Presidential Decree for the performance of and support for programs relating to mobility. |
| (3) | When the Minister of Land, Infrastructure and Transport intends to designate an institution as a mobility support center under paragraph (1), he or she shall consider the expertise of the institution in mobility. |
| (4) | The Minister of Land, Infrastructure and Transport may provide a mobility support center with subsidies to cover expenses incurred in performing its business affairs, within the budget. |
| (5) | In either of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of a mobility support center: Provided, That such designation shall be revoked in cases falling under subparagraph 1: |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where the mobility support center performs its business affairs, in violation of any of designated matters. |
| (6) | Matters necessary for the procedures, methods, etc. for designating, or revoking the designation of, a mobility support center shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| Article 8 (Formulation of Measures for Mobility Infrastructure) |
| (1) | A person who intends to implement a development project (limited to cases where the size or demand is equal to or greater than the size or demand prescribed by Presidential Decree) of transport facilities defined in subparagraph 4 of Article 2 of the National Transport System Efficiency Act (hereinafter referred to as "implementer of a development project, etc.") shall formulate measures for improving mobility such as accessibility to a major transport network or a transport hub (hereinafter referred to as "measures for mobility infrastructure") and submit them together when submitting an application for approval of an implementation plan, etc. under relevant statutes or regulations. |
| (2) | Measures for mobility infrastructure shall be deemed finalized when an implementation plan, etc. under paragraph (1) is approved. In such cases, an authority granting approval of implementation plans, etc. shall submit the finalized measures for mobility infrastructure to the Minister of Land, Infrastructure and Transport within 30 days from the date of approval. |
| (3) | Where a mobility improvement plan is formulated in relation to areas subject to development projects under paragraph (1), the measures for mobility infrastructure shall be formulated by systematically linking them to the relevant plan. |
| (4) | An implementer of a development project, etc. shall implement measures for mobility infrastructure finalized under paragraph (2) in good faith, and the heads of local governments shall take measures necessary for implementing such measures. |
| (5) | The Minister of Land, Infrastructure and Transport or the head of a local government shall inspect the status of implementing measures for mobility infrastructure finalized under paragraph (2) and, if deemed necessary, may recommend improvement to the implementer of a development project, etc. In such cases, the implementer of the development project, etc. in receipt of a recommendation for improvement shall comply therewith unless there is a compelling reason not to do so. |
| (6) | Matters necessary for projects and scale subject to measures for mobility infrastructure, the scope of formulation, the details and methods of formulation, etc. shall be prescribed by Presidential Decree. |
[Enforcement Date: Oct. 19, 2024] Article 8
| Article 9 (Creation of Road Environment Friendly to Advanced Mobility) |
| (1) | When the Minister of Land, Infrastructure and Transport or the head of a local government installs, expands, or improves a road among urban or Gun planning facilities defined in subparagraph 7 of Article 2 of the National Land Planning and Utilization Act or a road under Article 10 of the Road Act (excluding national expressways under subparagraph 1 of Article 10 of the Road Act and motorways defined in Article 48 of that Act), he or she shall reflect therein the design principles and standards prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to enable the users of advanced mobility to move around in a universal, convenient, and safe manner: Provided, That this shall not apply where the expected amount of use is low or where unavoidable circumstances, such as local conditions, prescribed by Presidential Decree are deemed to exist. |
| (2) | Where necessary to create and disseminate a road environment friendly to advanced mobility, the Minister of Land, Infrastructure and Transport may implement pilot projects, as prescribed by Presidential Decree. In such cases, the Minister of Land, Infrastructure and Transport may provide necessary assistance to persons who participate in a pilot project. |
[Enforcement Date: Oct. 19, 2024] Article 9
| Article 10 (Designation of and Support for Mobility Specialized Cities) |
| (1) | To facilitate mobility innovation and the fostering of industries, the Minister of Land, Infrastructure and Transport may designate a mobility specialized city in consultation with the heads of relevant local governments, as prescribed by Presidential Decree. |
| (2) | The State and local governments may provide a mobility specialized city designated under paragraph (1) with support necessary for administrative, financial, technical matters, etc. |
CHAPTER III SUPPORT FOR MOBILITY INNOVATION
| Article 11 (Regulatory Fast Track) |
| (1) | A person who intends to engage in business by using a new means of mobility or mobility infrastructure, service, or technology may apply for verification as to whether permission, etc. for relevant means of mobility or mobility infrastructure, service, or technology are required (hereinafter referred to as "regulatory review"). |
| (2) | Where an application filed under paragraph (1) falls under the jurisdiction of another administrative agency, the Minister of Land, Infrastructure and Transport shall notify the head of the relevant administrative agency of such fact. |
| (3) | Upon receiving notice under paragraph (2), the head of the relevant administrative agency shall reply to the Minister of Land, Infrastructure and Transport regarding whether the relevant application falls under his or her jurisdiction and whether permission, etc. are required, within 30 days. In such cases, if the head of the relevant administrative agency fails to reply within 30 days, the application shall be deemed outside of his or her jurisdiction, or a permission, etc. from the head of the relevant administrative agency shall be deemed unnecessary. |
| (4) | If the head of the relevant administrative agency deems that the application filed under paragraph (1) requires permission, etc. under the relevant statutes or regulations, he or she shall reply to the Minister of Land, Infrastructure and Transport regarding the conditions, procedures, etc. necessary for obtaining permission, etc., and the Minister shall immediately notify the applicant thereof. |
| (5) | Matters outside the jurisdiction of other relevant administrative agencies regarding the regulatory review shall be handled by the Minister of Land, Infrastructure and Transport. |
| (6) | If the Minister of Land, Infrastructure and Transport or the head of a relevant administrative agency requests a person who has requested regulatory review to complement data to examine matters regarding regulatory review, the period required for complementing data shall be excluded from the period under paragraph (3). |
| (9) | Except as provided in paragraphs (1) through (6), matters necessary for regulatory review shall be prescribed by Presidential Decree. |
| Article 12 (Regulatory Exceptions for Demonstration of Mobility) |
| (1) | A person who intends to engage in business by using a new means of mobility or mobility infrastructure, service, or technology may file an application for a regulatory exception for demonstration with the Minister of Land, Infrastructure and Transport, in any of the following cases: |
| 1. | Where the statutes or regulations governing permission, etc. do not provide for standards, specifications, requirements, etc. applicable to the relevant means of mobility or mobility infrastructure, service, or technology; |
| 2. | Where it is inappropriate to apply the standards, specifications, requirements, etc. provided in the statutes or regulations governing permission, etc.; |
| 3. | Where it is impossible to apply for permission, etc. under other statutes or regulations. |
| (2) | If an application filed under paragraph (1) falls under the jurisdiction of another administrative agency, the Minister of Land, Infrastructure and Transport shall notify the head of the relevant administrative agency of the details of the application; and the head of the relevant administrative agency shall review the details of the application and reply in writing to the Minister of Land, Infrastructure and Transport regarding the results of the review within 30 days: Provided, That if it is impracticable to specify the competent administrative agency, the Minister of Land, Infrastructure and Transport shall process the application under his or her jurisdiction. |
| (3) | If the head of the relevant administrative agency requires an applicant for a regulatory exception for demonstration to complement data in order to review whether to grant the regulatory exception for demonstration, the period spent in complementing the data shall not be included in the period for reply under paragraph (2): Provided, That even in cases where it is required to complement data, the head of the relevant administrative agency shall reply within 90 days regarding the results of the review and may request an extension of the period for reply by up to 30 days only once if it is impossible to reply. |
| (4) | The Minister of Land, Infrastructure and Transport shall submit an application filed under paragraph (1) to the Mobility Innovation Committee under Article 18 (hereinafter referred to as “Mobility Innovation Committee”), including reviews by the relevant administrative agency. In such cases, the Minister may request the head of the relevant administrative agency to attend a meeting of the Mobility Innovation Committee. |
| (5) | The Mobility Innovation Committee shall deliberate on whether to grant a regulatory exception for demonstration, and the area, period, and scale of the regulatory exception for demonstration, in consideration of the following; in such cases, the Mobility Innovation Committee may attach conditions if necessary to ensure safety, etc.: |
| 1. | A project implementation plan; |
| 2. | Innovativeness of the new means of infrastructure or mobility infrastructure, service, or technology and benefits of users; |
| 3. | Future growth potential of the relevant market; |
| 4. | Likelihood that demonstration may cause irrecoverable damage, as well as the appropriateness of measures to compensate for damage; |
| 5. | Harm to the lives, health, and safety of citizens; harm to the environment; and hindrances to balanced regional development; as well as the safe protection and processing of personal information; |
| 6. | Any other matters necessary for granting the regulatory exception for demonstration. |
| (6) | The Minister of Land, Infrastructure and Transport shall grant a regulatory exception for demonstration regarding a new means of mobility or mobility infrastructure, service, or technology based on the results of deliberation and coordination under paragraph (5). |
| (7) | If the Minister of Land, Infrastructure and Transport grants a regulatory exception for demonstration under paragraph (6), he or she shall notify the applicant for the regulatory exception for demonstration of the criteria for examining the regulatory exception for demonstration of a new means of mobility or mobility infrastructure, service, or technology. |
| (8) | The effective period of a regulatory exception for demonstration shall be determined by the Mobility Innovation Committee, for a period of up to two years. |
| (9) | A person granted a regulatory exception for demonstration under paragraph (6) shall purchase liability insurance to compensate for personal injury and property damage that may arise from the project subject to the regulatory exception for demonstration, prior to commencing the relevant project: Provided, That if a person granted a regulatory exception for demonstration is unable to purchase liability insurance, he or she shall formulate compensatory measures in case of any personal injury or property damage that may arise from a regulatory exception for demonstration after a separate consultation with the Minister of Land, Infrastructure and Transport; and matters necessary for the methods, standards, procedures, etc. for making compensation shall be prescribed by Presidential Decree. |
| (10) | A person, who provides a means of mobility or mobility infrastructure, service, or technology, etc. after obtaining a regulatory exception for demonstration under paragraph (6), shall be liable to pay damages if any personal injury or property damage occurs from such means, infrastructure, service, or technology, etc.: Provided, That this shall not apply where a person who has been granted the regulatory exception for demonstration proves the lack of intent or negligence on his or her part. |
| (11) | The Minister of Land, Infrastructure and Transport and the head of a relevant administrative agency may provide assistance necessary to facilitate projects for demonstration. |
| (12) | Details relating to paragraphs (1) through (11), and matters necessary for, among other things, the examination criteria, procedures, and methods for granting regulatory exceptions for demonstration shall be prescribed by Presidential Decree. |
| Article 13 (Management and Supervision of Regulatory Exceptions for Demonstration) |
| (1) | The Minister of Land, Infrastructure and Transport and the head of a relevant administrative agency shall jointly manage and supervise demonstrations, etc. granted regulatory exceptions for demonstration under Article 12 (6). |
| (2) | The Minister of Land, Infrastructure and Transport, the head of a relevant administrative agency, and a person granted a regulatory exception for demonstration under Article 12 (6) shall supply users of the means of mobility or mobility infrastructure, service, or technology with readily understandable information regarding the facts, the effective period, etc. of the regulatory exception for demonstration; and shall actively respond to issues relating to harm to the lives, health, and safety of citizens, harm to the environment, hindrances to balanced regional development, the safe protection and processing of personal information, etc. |
| (3) | If the Minister of Land, Infrastructure and Transport or the head of a relevant administrative agency deems it necessary to improve statutes or regulations, he or she shall immediately commence improving the statutes or regulations even before the period for a regulatory exception for demonstration expires. |
| (4) | The Minister of Land, Infrastructure and Transport may revoke the granting of a regulatory exception for demonstration or order correction if the person granted the regulatory exception for demonstration falls under any of the following cases: Provided, That he or she shall revoke such granting in cases falling under subparagraph 1: |
| 1. | Where the regulatory exception for demonstration is obtained by fraud or other improper means; |
| 2. | Where the person ceases to meet the conditions under the latter part of Article 12 (5) or the examination criteria under paragraph (7) of that Article; |
| 3. | Where it is determined that it is clearly impossible to achieve the purpose of the regulatory exception for demonstration. |
| (5) | A person for whom the granting of a regulatory exception for demonstration under paragraph (4) is revoked shall not sell, use, provide, etc. the relevant means of mobility or mobility infrastructure, service, or technology. |
| (6) | Where the life or safety of citizens is endangered or likely to be manifestly endangered because of the sale, use, supply, etc. of a means of mobility or mobility infrastructure, service, or technology following the granting of a regulatory exception for demonstration, the Minister of Land, Infrastructure and Transport may order temporary suspension of the sale, use, supply, etc. of such means of mobility or mobility infrastructure, service, or technology. |
| (7) | Details relating to paragraphs (1) through (6) and matters necessary for the procedures for revoking the granting of regulatory exceptions for demonstration and other relevant matters shall be prescribed by Presidential Decree. |
| Article 14 (Extension of Regulatory Exceptions for Demonstration) |
| (1) | If the statutes or regulations relating to the matters subject to a regulatory exception for demonstration are not improved before the expiry of the effective period of the regulatory exception for demonstration under Article 12 (8), the Minister of Land, Infrastructure and Transport may extend the effective period only once by up to two years. |
| (2) | A person, who intends to obtain an extension of the effective period of a regulatory exception for demonstration under paragraph (1), shall file an application with the Minister of Land, Infrastructure and Transport at least two months before the effective period expires. |
| (3) | A person granted a regulatory exception for demonstration (including a person granted an extension of the effective period under paragraph (1)) may file with the Minister of Land, Infrastructure and Transport and the head of a relevant administrative agency a request for improving statutes or regulations relating to matters subject to the regulatory exception for demonstration, along with the results of applying the regulatory exception for demonstration and project results, at least two months before the effective period expires. |
| (4) | The Minister of Land, Infrastructure and Transport and the head of a relevant administrative agency shall review the necessity to improve statues or regulations relating to matters subject to the regulatory exception for demonstration, based on the results of applying the regulatory exception for demonstration and project results submitted under paragraph (3); shall report the results of the review to the Mobility Innovation Committee; and shall immediately commence improving the statutes or regulations if he or she deems it necessary to improve the statutes or regulations on the grounds that the safety, etc. of the relevant means of mobility or mobility infrastructure, service, or technology have been proven. |
| (5) | Notwithstanding paragraph (1) and Article 12 (8), if a request is made under paragraph (3), the effective period of the regulatory exception for demonstration shall be deemed not to have expired for the period necessary for the procedures prescribed in paragraph (4). |
| (6) | If statutes or regulations governing permission, etc. for the relevant means of mobility or mobility infrastructure, service, or technology are improved, a person granted a regulatory exception for demonstration shall obtain permission, etc. without delay under such statutes or regulations. |
| (7) | A person granted a regulatory exception for demonstration (excluding persons who request the improvement of statutes or regulations under paragraph (3)) shall submit the results of applying the regulatory exception for demonstration and project results to the Minister of Land, Infrastructure and Transport and the head of the relevant administrative agency within 30 days from date the effective period expires. In such cases, paragraph (4) shall apply mutatis mutandis to the improvement of statutes or regulations. |
| (8) | To revitalize markets relating to means of mobility and mobility infrastructure, services, and technologies, the Minister of Land, Infrastructure and Transport may disclose the results of applying regulatory exceptions for demonstration and project results under paragraphs (3) and (7). |
| (9) | Details relating to paragraphs (1) through (8) and matters necessary for procedures for extending regulatory exceptions for demonstration and others shall be prescribed by Presidential Decree. |
| Article 15 (Advanced Mobility Pilot Projects) |
| (1) | The Minister of Land, Infrastructure and Transport may implement pilot projects, as prescribed by Presidential Decree if deemed necessary to promote the development, use, and dissemination of advanced mobility. |
| (2) | The Minister of Land, Infrastructure and Transport and the head of a relevant administrative agency may provide administrative, financial, or technological assistance to a person who participates in a pilot project under paragraph (1). |
| Article 16 (Submission of Data Relating to Mobility) |
| (1) | The Minister of Land, Infrastructure and Transport may request a person granted a regulatory exception for demonstration and a person who implements a pilot project under Article 15, to submit data relating to mobility, which are generated in the process of implementing the relevant project. In such cases, if personal information is included in the data, the collection, provision, use, etc. of the relevant part shall be governed by the Personal Information Protection Act. |
| (3) | The Minister of Land, Infrastructure and Transport shall endeavor to formulate measures for analyzing and managing data relating to mobility, such as data submitted under paragraph (1), in a comprehensive and systematic manner and providing such data to the general public. |
| Article 17 (Training of Experts) |
| (1) | The State and local governments may support the following programs to systematically train experts necessary for innovating mobility services and nurturing industries, etc.: |
| 1. | Domestic and overseas education and training of experts in mobility; |
| 2. | Development and dissemination of educational programs about mobility. |
| (2) | If necessary for supporting the programs under paragraph (1), the State and local governments may designate an institution or organization relating to training experts in mobility as a cooperation institution (hereinafter referred to as “cooperation institution training experts”). |
| (3) | If a cooperation institution training experts designated under paragraph (2) falls under any of the following grounds, the Minister of Land, Infrastructure and Transport may revoke such designation: Provided, That the Minister shall revoke such designation in cases falling under subparagraph 1: |
| 1. | Where the designation has been obtained by fraud or other improper means; |
| 2. | Where it ceases to meet the requirements for designation; |
| 3. | Where it fails to train experts for at least one year without good cause. |
| (4) | Matters necessary for the standards, procedures, etc., for the designation of a cooperation institution training experts shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
CHAPTER IV LAYING FOUNDATION FOR MOBILITARY INNOVATION
| Article 18 (Establishment and Functions of Mobility Innovation Committee) |
| (1) | A Mobility Innovation Committee may be established and operated under the jurisdiction of the Minister of Land, Infrastructure and Transport in order to deliberate and resolve on the following: |
| 1. | Matters regarding the granting of a regulatory exception for demonstration; |
| 2. | Matters regarding the improvement of statutes or regulations and regulatory improvement relating to regulatory exceptions for demonstration; |
| 3. | Matters regarding coordinating opinions among the heads of relevant central administrative agencies and the heads of local governments; |
| 4. | Matters regarding relationship to relevant statutes or regulations, such as those governing traffic, city, and architecture, following mobility innovation; |
| 5. | Important policies on advanced mobility, which are submitted by the chairperson for deliberation. |
| (2) | If the Minister of Land, Infrastructure and Transport deems that the purpose of organizing the Mobility Innovation Committee has been accomplished, he or she may dissolve the Mobility Innovation Committee. |
| (3) | If necessary, the Mobility Innovation Committee may hear opinions of the public officials belonging to the relevant central administrative agencies and local governments, relevant experts, etc. on the matters provided in the subparagraphs of paragraph (1). |
| (4) | If necessary to revitalize advanced mobility, the Mobility Innovation Committee may recommend that the heads of relevant central administrative agencies or the heads of local governments improve relevant statutes or regulations. In such cases, the head of the relevant institution shall notify the Mobility Innovation Committee of his or her plan for implementing the recommendations. |
| Article 19 (Composition and Operation of Mobility Innovation Committee) |
| (1) | The Mobility Innovation Committee shall be composed of up to 25 members including one chairperson. |
| (2) | The Minister of Land, Infrastructure and Transport shall become the chairperson of the Mobility Innovation Committee, and the following persons shall become members: |
| 1. | The Vice Minister of Economy and Finance, the Vice Minister of Science and ICT, the Vice Minister of the Interior and Safety, the Vice Minister of Agriculture, Food and Rural Affairs, the Vice Minister of Environment, the Vice Minister of Oceans and Fisheries, the Vice Minister of SMEs and Startups, the Vice Chairperson of the Personal Information Protection Commission, and public officials at the vice-ministerial rank of the relevant central administrative agencies prescribed by Presidential Decree; |
| 2. | A person commissioned by the chairperson from among those who have extensive knowledge of and experience in the field of mobility. |
| (3) | Each member commissioned under paragraph (2) 2 shall hold office for a term of two years and may be appointed consecutively only once. |
| (4) | The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies and the heads of local governments to provide data necessary for deliberation by the Mobility Innovation Committee, and the heads of the relevant central administrative agencies and the heads of local governments in receipt of such request shall comply therewith unless there is good cause. |
| (5) | Other matters necessary for the composition and operation of the Mobility Innovation Committee shall be prescribed by Presidential Decree. |
| Article 20 (Financial Support) |
The State and local governments may provide subsidies or loans to cover part of the expenses necessary for implementing a project or pilot project to which a regulatory exception for demonstration applies and in, among other things, expanding and improving infrastructure relating to advanced mobility.
| Article 21 (Research and Development) |
| (1) | In order to facilitate the development of advanced mobility technologies and the connection to relevant industries, the State may conduct necessary research and development projects. |
| (2) | The State may provide assistance necessary for promoting joint research among public institutions, corporations, organizations, and universities in order to enhance the outcomes of research on and development of advanced mobility. |
| Article 22 (Facilitation of Business Start-Up) |
The State may provide any of the following support to promote and facilitate business start-up relating to the advanced mobility industry:
| 1. | Subsidies or loans for business start-up funding; |
| 2. | Providing outcomes of research and development relating to advanced mobility; |
| 3. | Providing test equipment and facilities; |
| 4. | Sharing public data relating to mobility; |
| 5. | Other matters prescribed by Presidential Decree. |
| Article 23 (International Cooperation and Support for Entry into Foreign Markets) |
The State may identify international trends regarding advanced mobility, facilitate international cooperation, and support domestic companies relating to advanced mobility to enter into foreign markets.
CHAPTER V SUPPLEMENTARY PROVISIONS
The Minister of Land, Infrastructure and Transport shall hold a hearing when intending to make the following dispositions:
| 1. | Revoking the designation of a mobility support center under Article 7 (5); |
| 2. | Revoking the granting of regulatory exceptions for demonstration under Article 13 (4); |
| 3. | Revoking the designation of a cooperation institution training experts under Article 17 (3). |
| Article 25 (Delegation of Authority and Entrustment of Business Affairs) |
| (1) | Some of the authority of the Minister of Land, Infrastructure and Transport bestowed by this Act may be delegated to a Mayor/Do Governor or the head of an institution under his or her jurisdiction, as prescribed by Presidential Decree; and the Mayor/Do Governor may re-delegate some of the authority delegated to him or her to the head of a Si/Gun/Gu with approval from the Minister of Land, Infrastructure and Transport. |
| (2) | Some of the business affairs of the Minister of Land, Infrastructure and Transport under this Act may be entrusted to a mobility support center or an institution or organization with human resources and equipment necessary for performing the entrusted business affairs, as prescribed by Presidential Decree. |
| Article 26 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | An executive officer or employee who engages in the business affairs of a mobility support center in an institution designated under Article 7 (1); |
| 2. | A member who is not a public official among the members of the Mobility Innovation Committee under Article 19; |
| 3. | An executive officer or employee of an institution or organization engaged in the business affairs entrusted under Article 25 (2). |
CHAPTER VI PENALTY PROVISIONS
| Article 27 (Penalty Provisions) |
A person who is granted a regulatory exception for demonstration under Article 12 by fraud or other improper means shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won.
| Article 28 (Joint Penalty Provisions) |
If the representative of a corporation or an organization or an agent, employee, or any other person employed by the corporation, organization, or an individual commits any violation described in Article 27 in conducting the business affairs of the corporation, organization, or individual, not only the violator but also the corporation, organization, or individual shall be punished by a fine prescribed in the relevant provisions: Provided, That where the corporation, organization, or individual has not been negligent in giving considerable due care and supervision in connection with the business affairs in order to prevent such violation, this shall not apply.
| Article 29 (Administrative Fines) |
| (1) | The Minister of Land, Infrastructure and Transport shall impose an administrative fine not exceeding 10 million won on any of the following persons: |
| 1. | A person who fails to comply with the conditions under the latter part of Article 12 (5); |
| 2. | A person who fails to purchase liability insurance, in violation of the main clause of Article 12 (9) (excluding where a separate compensation plan is prepared under the proviso of that paragraph); |
| 3. | A person who, among other things, sells, uses, or supplies any means of mobility or mobility infrastructure, service, or technology for which the granting of a regulatory exception for demonstration is revoked, in violation of Article 13 (5); |
| 4. | A person who fails to comply with a suspension order under Article 13 (6). |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. |
ADDENDA <Act No. 19381, Apr. 18, 2023>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 8 and 9 shall enter into force one year and six months after the date of its promulgation. Article 2 (Preparation for Composition of Mobility Innovation Committee)
The Minister of Land, Infrastructure and Transport may perform business affairs necessary for the composition of the Mobility Innovation Committee, such as the appointment of members under Article 19, before the date this Act enters into force. Article 3 (Applicability to Formulation of Measures for Mobility Infrastructure)
Article 8 shall begin to apply where the implementer of a development project, etc. files an application for approval of an implementation plan, etc. after the date those provisions enter into force. Article 4 (Applicability to Creation of Road Environment Friendly to Advanced Mobility)
Article 9 (1) shall begin to apply where tenders are called for design services (referring to design under the Construction Technology Promotion Act) for purposes of establishing, expanding, or improving roads after the date those provisions enter into force.