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ENFORCEMENT DECREE OF THE SPECIAL ACT ON RAILROAD UNDERGROUNDING AND INTEGRATED DEVELOPMENT OF RAILROAD SITES

Presidential Decree No. 35233, Jan. 24, 2025

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Special Act on Railroad Undergrounding and Integrated Development of Railroad Sites and matters necessary for the enforcement thereof.
 Article 2 (Unused land belonging to railroad sites)
"Unused land prescribed by Presidential Decree" in subparagraph 2 of Article 2 of the Special Act on Railroad Undergrounding and Integrated Development of Railroad Sites (hereinafter referred to as the "Act") means land that falls under any of the following subparagraphs and on which no railroad facility under subparagraph 6 of Article 2 of Act on Railroad Construction and Railroad Facilities Management is located:
1. A site whose land category under Article 67 of the Act on the Establishment and Management of Spatial Data is a railroad site;
2. A site of railroad that is a facility of urban or Gun management plans under subparagraph 7 of Article 2 of the National Land Planning and Utilization Act.
 Article 3 (Scope of railroad site development project)
"Projects prescribed by Presidential Decree" in subparagraph 5 d of Article 2 of the Act means the following projects:
1. A project for the development of a transfer center under subparagraph 13 of Article 2 of the National Transport System Efficiency Act, or an intermodal transfer center under subparagraph 15 of that Article;
2. An urban or Gun planning facility project under subparagraph 10 of Article 2 of the National Land Planning and Utilization Act;
3. A project to expand metropolitan transport facilities under subparagraph 2 of Article 2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas;
4. An improvement project under subparagraph 2 of Article 2 of the Act on the Improvement of Urban Areas and Residential Environments;
5. An urban regeneration project under subparagraph 7 of Article 2 of the Special Act on Promotion of and Support for Urban Regeneration;
6. An urban renewal acceleration project under subparagraph 2 of Article 2 of the Special Act on the Promotion of Urban Renewal;
7. A complex development project under subparagraph 3 of Article 2 of the Act on Support for Urban Complex Development;
8. A development project for urban convergence special zone under subparagraph 2 of Article 2 of the Special Act on the Creation and Fostering of Urban Convergence Special Zone;
9. A project of constructing publicly-funded private rental housing under subparagraph 4 of Article 2 of the Special Act on Private Rental Housing;
10. An industrial complex development project under subparagraph 9 of Article 2 of the Industrial Sites and Development Act;
11. A smart city construction project under subparagraph 6 of Article 2 of the Act on the Promotion of Smart City Development and Industry;
12. A housing construction project or housing site preparation project under Article 15 of the Housing Act;
13. An innovation city development project under subparagraph 5 of Article 2 of the Special Act on the Construction and Development of Innovation Cities;
14. Other projects publicly notified by the Minister of Land, Infrastructure and Transport as deemed necessary to implement for the development of railroad sites and surrounding areas.
 Article 4 (Modification of minor matters of comprehensive plan)
"Modification of minor matters prescribed by Presidential Decree" in the proviso of Article 4 (3) of the Act means where matters under subparagraph 2 or 5 of Article 5 of the Act are modified within the scope of not modifying the overall scale of the comprehensive plan for integrated development of railroad undergrounding under Article 4 (1) of the Act.
 Article 5 (Details of basic plan for integrated development of railroad undergrounding)
(1) The basic plan for the railroad site development project under Article 6 (2) 3 of the Act (hereinafter referred to as "basic plan for the railroad site development project") shall include the following matters:
1. The name of a railroad site development project;
2. The implementation directions of a railroad site development project and a spatial structure improvement plan;
3. The method of implementing a railroad site development project;
4. The total project cost of a railroad site development project;
5. The expected profit from a railroad site development project;
6. A land use plan of a railroad site development project;
7. A traffic control plan of a railroad site development project;
8. A plan for installing major infrastructure (referring to the infrastructure under subparagraph 6 of Article 2 of the National Land Planning and Utilization Act; hereinafter the same shall apply) of a railroad site development project;
9. A plan for stabilizing real estate prices related to railroad site development projects and measures to stabilize the housing and livelihood of tenants, etc.
(2) "Matters prescribed by Presidential Decree" in Article 6 (2) 8 of the Act means the following:
1. Implementation system and role of each participating institution of the integrated development of railroad undergrounding;
2. Financial feasibility of the integrated development of railroad undergrounding;
3. Measures to maintain the functions of existing railroads following the integrated development of railroad undergrounding;
4. Measures to support the integrated development of railroad undergrounding by local governments;
5. Ripple effects of the integrated development of railroad undergrounding;
6. Other matters publicly notified by the Minister of Land, Infrastructure and Transport as deemed necessary for the smooth implementation of the integrated development of railroad undergrounding.
 Article 6 (Hearing opinions of residents)
(1) Where 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") intends to hear opinions from residents, relevant experts, etc. on the formulation or modification of the basic plan for integrated development of railroad undergrounding under the former part of Article 6 (1) of the Act (hereinafter referred to as "basic plan") in accordance with the main clause of Article 7 (1) of the Act, he or she shall send copies of the relevant documents to the head of a Si/Gun/Gu (referring to the heads of autonomous Gu; hereinafter the same shall apply).
(2) The head of a Si/Gun/Gu in receipt of documents under paragraph (1) shall publicly announce the following matters in the public gazette, on the website, etc. of the relevant local government without delay; and shall make such documents available for public perusal for at least 14 days from the date of public announcement:
1. The outline of the basic plan;
2. The scope of the area where the railroad site development project is to be implemented and the type of project;
3. The name and location of the project implementer of the integrated development of railroad undergrounding (hereinafter referred to as "project implementer") under Article 9 of the Act and the name of its representative;
4. The phased project implementation plan of integrated development of railroad undergrounding;
5. The method for perusing relevant documents and the perusal period.
(3) A person who has opinions on the details publicly announced in accordance with paragraph (2) may submit a written opinion to the head of a Si/Gun/Gu during the perusal period under paragraph (2).
(4) The head of a Si/Gun/Gu shall combine opinions submitted in accordance with paragraph (3) and submit them to a Mayor/Do Governor, and if no opinions have been submitted, he or she shall notify the Mayor/Do Governor thereof.
(5) The Mayor/Do Governor shall examine whether to reflect the opinions submitted in accordance with paragraph (4) in the basic plan, and notify the persons who submitted such opinions of the result within 30 days from the date of expiration of the perusal period.
 Article 7 (Modification of minor matters of basic plan)
"Modification of minor matters prescribed by Presidential Decree" in the proviso of Article 7 (1) of the Act means any of the following cases that do not involve changes to the total project cost of the railroad site development project under Article 5 (1) 4 and the expected profit from the railroad site development project under subparagraph 5 of that paragraph:
1. Where the area by land use (referring to the lowest land use classified in the first formulated basic plan for the railroad site development project) of the land use plan (excluding the part related to infrastructure) under the railroad site development project referred to in Article 5 (1) 6 is increased or decreased within the scope of 10/100 of the area under the first formulated basic plan for the railroad site development project;
2. Where a part of the traffic control plan under the railroad site development project under Article 5 (1) 7 is modified;
3. Where a part of the major infrastructure installation plan under the railroad site development project referred to in Article 5 (1) 8 is modified and falls under any of the following:
a. Where a road of less than 12 meters in width is newly constructed or disused;
b. Where the area of infrastructure, excluding roads, increases or decreases within the scope of 10/100 of the area under the first formulated basic plan for railroad site development projects;
4. Where a part of a plan for stabilizing real estate prices related to railroad site development projects and measures to stabilize the housing and livelihood of tenants, etc. is modified.
 Article 8 (Public hearings)
Where a Mayor/Do Governor intends to hold a public hearing in accordance with the main clause of Article 7 (1) of the Act, he or she shall publicly announce the following matters at least once no later than 14 days before the scheduled date of the public hearing in a daily newspaper distributed nationwide or mainly in the relevant area, on the website of the relevant local government:
1. Objectives of a public hearing;
2. Date and venue for a public hearing;
3. Summary of a basic plan to be formulated or modified;
4. Matters regarding applications to present opinions;
5. Other matters necessary for public hearings.
 Article 9 (Finalization and public notice of basic plan)
(1) Where a Mayor/Do Governor intends to undergo deliberation from the Central Urban Planning Committee under Article 106 of the National Land Planning and Utilization Act in accordance with the main clause of Article 8 (1) of the Act for the formulation or modification of the basic plan, he or she shall submit the necessary documents for deliberation, including the background, details, and implementation procedures, etc. of the basic plan, to the Minister of Land, Infrastructure and Transport.
(2) "Modification of minor matters prescribed by Presidential Decree" in the proviso of Article 8 (1) of the Act means the cases falling under Article 7.
(3) Where a Mayor/Do Governor publicly notifies a basic plan formulated or modified in accordance with Article 8 (2) of the Act, he or she shall include a drawing indicating the scope of the area where the railroad site development project is to be implemented. In such cases, Article 7 (1) of the Enforcement Decree of the Framework Act on the Regulation of Land Use shall apply to the method of preparing the drawing.
 Article 10 (Scope of special cases regarding railroad site development project)
"Scope prescribed by Presidential Decree" in the provisions, with the exception of the subparagraphs, of Article 12 of the Act means the scope classified as follows:
1. Restriction on the construction of buildings in a special-purpose area or a special-purpose district under Article 76 of the National Land Planning and Utilization Act: Construction of buildings permitted in other special-purpose areas may only be allowed between special-purpose areas subdivided within each subparagraph of Article 30 (1) of the Enforcement Decree of that Act;
2. Restriction on building-to-land ratio under Article 77 of the National Land Planning and Utilization Act: It may be relaxed up to the maximum limit of the building-to-land ratio under each subparagraph of Article 84 (1) of the Enforcement Decree of that Act; in such cases, when calculating the building-to-land ratio, the area of structures created to form conditions similar to the ground conditions (hereinafter referred to as "artificial ground") in order to utilize the upper or adjacent spaces of sites for public facilities, such as railroads and storage reservoirs, shall not be included in the building area;
3. Restriction on floor area ratio under Article 78 of the National Land Planning and Utilization Act: The floor area ratio may be relaxed up to 150/100 of the maximum limits on floor area ratio under each subparagraph of Article 85 (1) of the Enforcement Decree of that Act; in such cases, when calculating the floor area ratio, the area of artificial ground shall not be included in the total floor area;
4. Standards for securing urban parks or green areas under Article 14 of the Act on Urban Parks and Green Areas: Such standards may be relaxed in accordance with the following standards:
a. Where the scope of an area where a railroad site development project is to be implemented is less than 500,000 square meters: The standards for securing urban parks or green areas may not be applied;
b. Where the scope of an area where a railroad site development project is to be implemented is at least 500,000 square meters: The standards for securing urban parks or green areas may be relaxed to the scope of 50/100;
5. Standards for the installation of parking lots under Articles 12-3 and 19 of the Parking Lot Act and Article 35 of the Housing Act: The standards for installing annexed parking lots under Appendix 1 of the Enforcement Decree of the Parking Lot Act may be relaxed within the scope of 50/100; provided, if the standards for the installation of an annexed parking lot has been relaxed and applied in accordance with Article 27 (7) of the Regulations on Standards for Housing Construction, such standards shall not be further relaxed and applied.
 Article 11 (Considerations for subsidization and financing)
Where a local government subsidizes or finances a part of the expenses necessary for a railroad undergrounding project in accordance with Article 13 (4) of the Act, it shall consider the nature and ripple effects of the integrated development of railroad undergrounding, the project implementer’s ability to raise the required funds or repay principal and interest, and the expected future increase in local tax incomes arising from the integrated development of railroad undergrounding.
 Article 12 (Disposition of invested railroad sites)
“ Cases prescribed by Presidential Decree” in Article 14 (2) of the Act means cases where the Minister of Land, Infrastructure and Transport deems that all of the following requirements are met:
1. It may be necessary to dispose of railroad sites before the completion of the railroad undergrounding project in order to smoothly implement the railroad undergrounding project;
2. Disposition of the railroad property shall not interfere with the ability to finance the completion of the railroad undergrounding project and maintain the railroad's function.
 Article 13 (Method for issuance of bonds)
(1) Bonds for integrated development of railroad undergrounding under Article 15 (1) of the Act (hereinafter referred to as “bonds”) shall be issued through electronic registration in accordance with the Act on Electronic Registration of Stocks and Bonds.
(2) The interest rate of the bonds shall be prescribed by the regulations of the project implementer, taking into account the interest rates, etc. of national bonds and public bonds at the time of issuance. In such cases, the project implementer shall consult with the Minister of Land, Infrastructure and Transport in advance.
(3) The term of redemption of bonds shall be at least 5 years, but not exceeding 10 years.
(4) Except as provided in paragraphs (1) through (3), detailed matters regarding the method of issuing bonds shall be prescribed by the regulations of the project implementer issuing the relevant bonds.
 Article 14 (Procedure for issuance of bonds)
(1) When a project implementer intends to issue bonds in accordance with Article 15 (1) of the Act, he or she shall obtain approval from the Minister of Land, Infrastructure and Transport in advance with respect to the following matters:
1. The total value of bonds to be issued;
2. The method for issuing bonds;
3. The terms of issuing bonds;
4. The methods and procedures for redemption;
5. Other matters necessary for issuing bonds.
(2) Where a project implementer issues bonds in accordance with Article 15 (1) of the Act, he or she shall publicly announce the following matters:
1. The total value of bonds to be issued;
2. The period of issuance of bonds;
3. The interest rate on bonds;
4. The methods and period for redemption of bonds;
5. The methods and period for paying interest.
(3) Except as provided in paragraphs (1) and (2), detailed matters regarding the procedure for issuing bonds shall be prescribed by the regulations of the project implementer issuing the relevant bonds.
 Article 15 (Support for infrastructure)
(1) “Infrastructure prescribed by Presidential Decree, such as roads, necessary for the smooth development of railroad site development projects” in Article 17 (1) of the Act means infrastructure installed in accordance with the major infrastructure installation plan under the railroad site development project referred to in Article 5 (1) 8.
(2) A Mayor/Do Governor may support the infrastructure installation costs and land acquisition costs under paragraph (1) in accordance with Article 17 (1) of the Act.
 Article 16 (Criteria for imposing administrative fines)
The criteria for imposing administrative fines under Article 21 (1) of the Act shall be specified in the Appendix.
ADDENDUM <Presidential Decree No. 35233, Jan. 24, 2025>
This Decree shall enter into force on January 31, 2025; provided, the amended provisions of subparagraph 7 of Article 3 shall enter into force on February 7, 2025.