The purpose of this Act is to contribute to the enhancement of public welfare and the securement of urban competitiveness through the efficient utilization of railroad facilities and urban spaces by undergrounding railroads and effectively developing the railroad sites and surrounding areas secured thereby.
The terms used in this Act are defined as follows:
| 1. | The term "railroad" means a railroad under subparagraph 1 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management; |
| 2. | The term "railroad site" means a site where railroad facilities under subparagraph 6 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management are located and unused land prescribed by Presidential Decree; |
| 3. | The term "integrated development of railroad undergrounding" means the implementation of the railroad undergrounding project and the railroad site development project in an integrated manner; |
| 4. | The term "railroad undergrounding project" means a project to underground the routes publicly notified in a comprehensive plan for integrated development of railroad undergrounding under Article 4 among high-speed railroads under subparagraph 2 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management and general railroads under subparagraph 4 of that Article; |
| 5. | The term "railroad site development project" means any of the following projects implemented for the development of railroad sites and surrounding areas: |
| a. | Public housing projects under subparagraph 3 of Article 2 of the Special Act on Public Housing; |
| b. | Urban development projects under subparagraph 2 of Article 2 of the Urban Development Act; |
| c. | Projects for developing a station's sphere of influence under subparagraph 2 of Article 2 of the Act on Developing and Using Station's Sphere of Influence; |
| d. | Other projects prescribed by Presidential Decree. |
| Article 3 (Relationship to other statutes) |
This Act shall take precedence over other statutes in regard to the railroad undergrounding project and railroad site development project; provided, where other statutes have any provision more relaxed than the special cases regarding regulation under this Act, the corresponding provision of such statutes shall apply.
| Article 4 (Formulation and modification of comprehensive plan for integrated development of railroad undergrounding) |
| (1) | The Minister of Land, Infrastructure and Transport shall formulate and implement a comprehensive plan for the integrated development of railroad undergrounding (hereinafter referred to as "comprehensive plan") for the effective implementation of the integrated development of railroad undergrounding. |
| (2) | A comprehensive plan shall be formulated in harmony with the following plans: |
| 1. | Construction plans for national railroad networks under Article 4 of the Act on Railroad Construction and Railroad Facilities Management; |
| 2. | National core transport network plans under Article 4 of the National Transport System Efficiency Act; |
| 3. | Mid-term plans for investment in transport facilities under Article 6 of the National Transport System Efficiency Act; |
| 4. | Master plans for metropolitan transport under Article 3 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 5. | Implementation plans for intercity transport in metropolitan areas under Article 3-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas; |
| 6. | Metropolitan plans under subparagraph 1 of Article 2 of the National Land Planning and Utilization Act, urban or Gun plans under subparagraph 2 of that Article, and urban or Gun master plans under subparagraph 3 of that Article. |
| (3) | Where the Minister of Land, Infrastructure and Transport intends to formulate a comprehensive plan, he or she shall submit such plan to the Railroad Industry Committee under Article 6 of the Framework Act on Railroad Industry Development for deliberation after having consultations with the heads of the relevant central administrative agencies and the relevant Mayor/Do Governor and the same shall apply when he or she intends to modify the comprehensive plan formulated; provided, this shall not apply to any modification of minor matters prescribed by Presidential Decree. |
| (4) | The Minister of Land, Infrastructure and Transport shall review the feasibility of a comprehensive plan every 5 years from the date the plan is formulated and shall modify the comprehensive plan if necessary. |
| (5) | Where the Minister of Land, Infrastructure and Transport formulates or modifies a comprehensive plan, he or she shall publicly notify it, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 5 (Details of comprehensive plan) |
A comprehensive plan shall include the following:
| 1. | Mid- to long-term plans for integrated development of railroad undergrounding; |
| 2. | Analysis regarding the conditions for the implementation of the comprehensive plan, the project effects, etc.; |
| 3. | Scope of integrated development of railroad undergrounding; |
| 4. | Measures for raising required financial resources; |
| 5. | Other matters the Minister of Land, Infrastructure and Transport deems necessary for effective integrated development of railroad undergrounding. |
| Article 6 (Formulation of basic plan for integrated development of railroad undergrounding) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate a basic plan for integrated development of railroad undergrounding (hereinafter referred to as "basic plan") by route when intending to implement integrated development of railroad undergrounding in accordance with a comprehensive plan and where the route extends over the administrative districts of at least 2 Special Metropolitan Cities, Metropolitan Cities, Dos, or Special Self-Governing Provinces, he or she shall formulate a basic plan through consultations among the respective Mayors/Do Governors. The same shall apply to any modification of the basic plan. |
| (2) | A basic plan shall include the following matters: |
| 1. | Basic direction of the integrated development of railroad undergrounding; |
| 2. | Basic plan for the railroad undergrounding project; |
| 3. | Basic plan for the railroad site development project; |
| 4. | Scope of the area where the railroad site development project is to be implemented; |
| 5. | Matters regarding project implementers of integrated development of railroad undergrounding; |
| 6. | Phased project implementation plans; |
| 8. | Other matters prescribed by Presidential Decree. |
| (3) | Notwithstanding paragraph (1), a basic plan for the railroad undergrounding project under subparagraph 2 of paragraph (2) shall be formulated by the Minister of Land, Infrastructure and Transport in accordance with Article 7 of the Act on Railroad Construction and Railroad Facilities Management. The same shall also apply to any modification of a basic plan for the railroad undergrounding project. |
| Article 7 (Hearing of opinions for formulating basic plan) |
| (1) | Where a Mayor/Do Governor intends to formulate or modify a basic plan (excluding cases where the Minister of Land, Infrastructure and Transport intends to formulate or modify a basic plan for the railroad undergrounding project in accordance with Article 6 (3)), he or she shall hear the opinions of residents, related experts, etc. through public perusal or public hearings; provided, this shall not apply to modification of minor matters prescribed by Presidential Decree. |
| (2) | Necessary matters, such as subject matter of perusal, or holding public hearings, under paragraph (1) and method of hearing the opinions of residents, shall be prescribed by Presidential Decree. |
| Article 8 (Finalization and public notice of basic plan) |
| (1) | Where the Mayor/Do Governor intends to formulate or modify a basic plan, he or she shall consult with the head of the relevant administrative agency and finalize such basic plan after undergoing deliberation by the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act; provided, this shall not apply to any modification of minor matters prescribed by Presidential Decree. |
| (2) | Upon formulating or modifying a basic plan, the Mayor/Do Governor shall give public notice of such details in the public gazette of the relevant local government and notify the Minister of Land, Infrastructure and Transport thereof. |
| Article 9 (Project implementer) |
The Mayor/Do Governor shall designate a person who has received State property as investment in accordance with Article 14 (1) as the project implementer of the integrated development of railroad undergrounding (hereinafter referred to as "project implementer").
| Article 10 (Implementation of railroad undergrounding project) |
Except as provided in this Act, the railroad undergrounding project shall be governed by the Act on Railroad Construction and Railroad Facilities Management.
| Article 11 (Implementation of railroad site development project) |
Except as provided in this Act, the railroad site development project shall be governed by statutes referred to in each item of subparagraph 5 of Article 2, taking into account the basic plan formulated in accordance with Article 6.
| Article 12 (Special cases regarding railroad site development project) |
Where a Mayor/Do Governor deems it necessary to promote the complex and multi-level development of a railroad site development project, he or she may establish and apply relaxed standards for the following matters within the scope prescribed by Presidential Decree, notwithstanding the following statutes:
| 1. | Restriction on the construction of buildings, etc. in special-purpose areas and special-purpose districts under Article 76 of the National Land Planning and Utilization Act; |
| 2. | Restriction on building-to-land ratio under Article 77 of the National Land Planning and Utilization Act; |
| 3. | Restriction on floor area ratio under Article 78 of the National Land Planning and Utilization Act; |
| 4. | Standards for securing urban parks or green areas under Article 14 of the Act on Urban Parks and Green Areas; |
| 5. | Standards for installation of parking lots under Articles 12-3 and 19 of the Parking Lot Act and Article 35 of the Housing Act. |
| Article 13 (Principle of bearing of expenses) |
| (1) | The expenses incurred in the implementation of the integrated development of railroad undergrounding shall be borne by the project implementer. |
| (2) | The expenses incurred in the railroad undergrounding project shall, in principle, be appropriated by the revenue generated from the railroad site development project. |
| (3) | A Mayor/Do Governor shall consider the scale of financial resources required for the railroad undergrounding project when formulating a basic plan, and any shortage in financial resources for the project following modifications of the basic plan shall be borne by the party causing the modification of the basic plan. |
| (4) | Notwithstanding paragraphs (1) and (2), a local government may subsidize or loan part of the expenses incurred in the railroad undergrounding project to the project implementer. |
| Article 14 (Investment of State property) |
| (1) | The Minister of Land, Infrastructure and Transport may invest railroad sites to any of the following persons in accordance with the State Property Act to support the smooth implementation of the railroad undergrounding project: |
| 1. | Government-invested corporations under subparagraph 6 of Article 2 of the State Property Act; |
| 2. | Government-invested corporations established to efficiently implement the integrated development of railroad undergrounding. |
| (2) | No person who has received railroad sites as investment in accordance with paragraph (1) may lend, sell, exchange, or otherwise dispose of the railroad sites until the completion of the railroad undergrounding project, except in cases prescribed by Presidential Decree. |
| (3) | Notwithstanding the investment of railroad sites in accordance with paragraph (1), the function of the railroad shall be maintained until the completion of the railroad undergrounding project. |
| (4) | Railroad facilities under subparagraph 6 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management, which are created or installed through railroad undergrounding projects, shall revert to the State upon completion. |
| (5) | Methods, procedures, and conditions for disposing of State property, and other necessary matters shall be prescribed by Presidential Decree. |
| Article 15 (Issuance of bonds for integrated development of railroad undergrounding) |
| (1) | A project implementer may issue bonds for integrated development of railroad undergrounding to facilitate the smooth financing of expenses incurred in the railroad undergrounding project. |
| (2) | Financial resources raised through the issuance of bonds for integrated development of railroad undergrounding under paragraph (1) shall not be used for purposes other than the integrated development of railroad undergrounding. |
| (3) | Methods and procedures for issuing bonds for integrated development of railroad undergrounding and other necessary matters shall be prescribed by Presidential Decree. |
| Article 16 (Reduction of, or exemption from, charges) |
The State or a local government may reduce or exempt the overpopulation charges and development charges for the project implementer, as prescribed by the Seoul Metropolitan Area Readjustment Planning Act and Restitution of Development Gains Act, to facilitate the smooth implementation of railroad site development projects.
| Article 17 (Support for infrastructure) |
| (1) | A Mayor/Do Governor may give priority support to the installation of infrastructure prescribed by Presidential Decree, such as roads, necessary for the smooth development of railroad site development projects. |
| (2) | The scope, scale, etc. of support for infrastructure under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 18 (Request for dispatch of relevant public officials) |
The Minister of Land, Infrastructure and Transport may request the heads of relevant central administrative agencies, the heads of local governments, relevant institutions, corporations, or organization to dispatch affiliated public officials or executive officers and employees when necessary for the smooth performance of business affairs of integrated development of railroad undergrounding.
| Article 19 (Reporting and inspection) |
| (1) | Where necessary for the enforcement of this Act, the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor may require a project implementer to submit a report or data; and shall have affiliated public officials enter the office or business place of the project implementer or other necessary places to inspect business affairs regarding integrated development of railroad undergrounding. |
| (2) | Pubic officials inspecting business affairs regarding integrated development of railroad undergrounding in accordance with paragraph (1) shall carry a certificate indicating his or her authority and produce it to interested parties. |
| (3) | Matters necessary for certificates under paragraph (2) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. |
| Article 20 (Delegation or entrustment of authority) |
| (1) | The Minister of Land, Infrastructure and Transport may delegate part of his or her authority under this Act to a Mayor/Do Governor or entrust it to the project implementer, as prescribed by Presidential Decree. |
| (2) | The Mayor/Do Governor to whom authority has been delegated in accordance with paragraph (1) may redelegate part of his or her authority to the head of a Si/Gun/Gu after obtaining approval from the Minister of Land, Infrastructure and Transport. |
| Article 21 (Administrative fines) |
| (1) | Any of the following persons shall be subject to an administrative fine not exceeding 5 million won: |
| 1. | A person who fails to file a report under Article 19 (1) or files a false report; |
| 2. | A person who fails to submit data under Article 19 (1) or submits false data; |
| 3. | A person who refuses, interferes with, or evades an inspection under Article 19 (1). |
| (2) | The Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall impose and collect administrative fines under paragraph (1), as prescribed by Presidential Decree. |
ADDENDA <Act No. 20177, Jan. 30, 2024>
Article 1 (Enforcement Date)
This Act shall enter into force 1 year after the date of its promulgation.
Article 2 Omitted.