ROAD ACT
Wholly Amended by Act No. 8976, Mar. 21, 2008
Wholly Amended by Act No. 8976, Mar. 21, 2008
CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purposes) |
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The purposes of this Act are to contribute to the improvement of traffic and the enhancement of public welfare by providing matters concerning road planning, the assignment of, or approval for routes, road management, standards for road facilities, road maintenance and expenses thereof, in order to upgrade road networks and properly manage roads.
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| Article 2 (Definitions) |
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| (1) | The definitions of the terms used in this Act are as follows: |
| 1. | The term "roads" means roads used for general traffic, which are stipulated in Article 8; |
| 2. | The term "alternative bypass to a national highway" means a bypass constructed as an alternative to an existing national highway that passes through areas under the jurisdiction of a City or Self-Governing Province; |
| 3. | The term "State-funded local highways" means local highways connecting regions where major facilities causing traffic congestion are located, such as major cities, airports, harbors, industrial complexes, major islands, tourist destinations, etc., and complementing the major road network of the State, comprised of national expressways and national highways (including Special Metropolitan City roads, Metropolitan City roads, Si roads, Gun roads or newly-built sections, if it is necessary in order to sustain coherence in traffic connectivity; hereinafter the same shall apply), the routes of which are assigned by Presidential Decree; |
| 4. | The term "road appurtenances" means facilities or structures necessary to maintain road structures, ensure safe and efficient traffic, or manage roads, which fall under any of the following subparagraphs: |
| (a) | Zero mile stones, mileposts, repair area signs, road boundary markings or road signs; |
| (b) | Protective fences, roadside trees or street lamps, which are installed by a road management agency; |
| (c) | Parking lots or storage areas for road repair materials adjoined to roads, or road maintenance offices that manage such facilities comprehensively, facilitated by a road management agency; |
| (d) | Road information apparatuses, weather-forecasting apparatuses or emergency communication facilities, installed by a road management agency; and |
| (e) | Others prescribed by Presidential Decree; and |
| 5. | The term "other structures" means banks, dams, bank protections, bridges for railroads or tracks, shortcuts or other structures, which function together with roads, as prescribed by Presidential Decree. |
| (2) | The roads referred to in subparagraph 1 of paragraph (1) include tunnels, bridges, ferry terminals, elevators used as roads, or facilities or structures integrated into roads to fully utilize roads, as prescribed by Presidential Decree, or road appurtenances. |
| (3) | Presidential Decree as referred to in subparagraph 1 of paragraph (1) shall include route numbers, route names, starting points, terminals, major passages and other necessary matters. |
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| Article 3 (Restriction on Private Rights) |
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No private right may be exercised over lands, retaining walls or others constituting roads: Provided, That this shall not apply to cases of the transfer of ownership or the settlement of mortgage.
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| Article 4 (Succession of Rights or Obligations) |
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| (1) | When a person who has rights or obligations upon permission granted under this Act dies or transfers his or her rights or obligations, or when a corporation which has rights or obligations is merged with another corporation, any successor, or any transferee of such rights or obligations, or any corporation which survives such merger or a corporation established by such merger shall succeed the status of such person or corporation. |
| (2) | A person who succeeds the rights or obligations under paragraph (1) shall report to the relevant road management agency, as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
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| Article 5 (Relations to Other National Projects) |
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On matters related to other national projects, which are subject to permission by a road management agency under this Act, the competent authorities of the projects shall consult with, or obtain approval from the relevant road management agency.
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| Article 6 (Delegation and Entrustment of Authority) |
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| (1) | A part of the authority of the Minister of Land, Transport and Maritime Affairs under this Act may be delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do governor, the Do governor of a Self-Governing Province, the Commissioner of a Regional Construction Management Office or the head of a responsible administrative agency under Article 2 of the Act on the Establishment and Operation of Responsible Administrative Agencies, as prescribed by Presidential Decree. |
| (2) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do governor or the Commissioner of a Regional Construction Management Office may sub-delegate a part of authority delegated by the Minister of Land, Transport and Maritime Affairs under paragraph (1) to the head of Si (including the mayor of an administrative Si; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same applies) or the head of administrative agency performing duties relating to the maintenance and construction of national highways as referred to in subparagraph 2 of Article 8 (excluding a responsible administrative agency as referred to in Article 2 of the Act on the Establishment and Operation of Responsible Administrative Agencies). In such cases, if the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do governor re-delegates to the head of Si/Gun/Gu, he or she shall obtain approval from the Minister of Land, Transport and Maritime Affairs. |
| (3) | In cases where the Minister of the Land, Transport and Maritime Affairs is the road management agency, he or she may entrust the following duties to road-related institutions or organizations, as prescribed by Presidential Decree: |
| 1. | Installation and management of road signs under Article 57; or |
| 2. | Collecting traffic information, such as the volume of traffic, surveying road structures or other matters related to roads, and supplying drivers with information on the volume of traffic, pursuant to Article 87. |
| (4) | Officers and employees of the institutions or organizations engaged in the duties entrusted under paragraph (3) shall be deemed public officials in applying the penal provisions under Articles 129 through 132 of the Criminal Act. |
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| Article 7 (Application Mutatis Mutandis) |
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As prescribed by Presidential Decree, this Act may apply mutatis mutandis to roads other than those referred to in Article 2 (1) 1.
CHAPTER II ROADS AND ROUTES
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| Article 8 (Kinds and Grades of Roads) |
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The kinds of roads are defined as follows, and the grades thereof shall be determined by the following order, as enumerated:
| 3. | Special Metropolitan City roads and Metropolitan City roads; |
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| Article 9 (National Expressways) |
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With respect to national expressways, the matters necessary for the assignment of routes, structure management and maintenance, other than those as prescribed by this Act, shall be separately determined by other Acts.
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| Article 10 (General National Highways) |
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| (1) | The term "general national highways" (hereinafter referred to as "national highways") means roads which constitute, together with the express highways, the national major road networks by connecting major cities, designated harbors, major airports, national industrial complexes, tourist destinations, etc., and the routes of which are prescribed by Presidential Decree. |
| (2) | Presidential Decree as referred to in paragraph (1) shall include route numbers, route names, starting points, terminals, major passages, and other necessary matters. |
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| Article 11 (Special Metropolitan City Roads and Metropolitan City Roads) |
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The term "Special Metropolitan City roads and Metropolitan City roads" means roads which fall under any of the following subparagraphs in the boundary of the Special Metropolitan City or Metropolitan Cities, the routes of which are approved by the Special Metropolitan City Mayor or Metropolitan City Mayors:
| 2. | Roads with the function, etc. of trunk routes or auxiliary trunk routes; |
| 3. | Roads connecting major areas in a city or adjacent cities and major provinces; and |
| 4. | Roads of special importance to maintain the functions of a city, other than those referred to in subparagraphs 1 through 3. |
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| Article 12 (Local Highways) |
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The term "local highways" means roads which fall under any of the following subparagraphs, comprising the local major network of a province, and the routes of which are approved by the competent Do governor or the governor of a Self-Governing Province:
| 1. | Roads running from the seat of a Do office to the seat of a Si/Gun office; |
| 2. | Roads connecting the seats of a Si/Gun office; |
| 3. | Roads connecting airfields, harbors and stations in a Do or Self-Governing Province, or airfields, harbors and stations closely related thereto; |
| 4. | Roads connecting airfields, harbors or stations in a Do or Self-Governing Province, with national expressways, national highways or local highways closely related thereto; and |
| 5. | Roads of special importance for the development of a province, other than those referred to in subparagraphs 1 through 4. |
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| Article 13 (Si Roads) |
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The term "Si roads" means roads in a Si, the routes of which are approved by the head of the competent Si (referring to the governor of a Self-Governing Province, in cases of administrative Si).
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| Article 14 (Gun Roads) |
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The term "Gun roads" means roads in a Gun, the routes of which are approved by the head of the competent Gun, which fall under any of the following subparagraphs:
| 1. | Roads running from the seat of a Gun office to the seat of an Eup/ Myeon office; |
| 2. | Roads connecting the seats of Eup/Myeon offices; and |
| 3. | Roads of special importance for the development of a Gun, other than those referred to in subparagraphs 1 and 2. |
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| Article 15 (Gu Roads) |
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The term "Gu roads" means roads in the boundaries of the Special Metropolitan City or Metropolitan Cities, connecting Dongs in a Gu (referring to an autonomous Gu; hereafter the same applies), excluding the Special Metropolitan City roads and Metropolitan City roads, the routes of which are approved by the head of the competent Gu.
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| Article 16 (Approval for Routes beyond District) |
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| (1) | The Special Metropolitan City Mayor, Metropolitan City Mayors, Do governors, and the heads of Sis/Guns/Gus (hereinafter referred to as "administrative agencies"), if it is deemed especially necessary, may approve the routes of roads extended beyond their district upon consultation with the administrative agencies concerned under conditions prescribed by Presidential Decree, notwithstanding the provisions of Articles 11 through 15. |
| (2) | If agreement cannot be reached in consultation as referred to in paragraph (1), the Special Metropolitan City Mayor, Metropolitan City Mayors or Do governors may apply for a ruling to the Minister of Land, Transport and Maritime Affairs, the heads of Sis/Guns to Do governors, and the heads of Gus to the Special Metropolitan City Mayor or Metropolitan City Mayors, respectively. |
| (3) | If the ruling as referred to in paragraph (2) has been made, agreement as referred to in paragraph (1) shall be deemed to have been made. |
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| Article 17 (Public Announcement of Approval of Routes) |
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In cases where routes have been approved under Articles 11 through 16, the route names, starting points and terminals, main sections, and other necessary matters shall be announced publicly, as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs.
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| Article 18 (Permanent Closure or Modification of Routes) |
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| (1) | An administrative agency which has approved routes under Articles 11 through 16, may permanently close or modify the whole or part of a route approved thereby. |
| (2) | In cases where an administrative agency has permanently closed or modified routes under paragraph (1), it shall announce it publicly, as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
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| Article 19 (Measures in Cases of Overlapping Routes) |
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| (1) | In cases where the routes of a higher grade road and a lower grade road overlap each other, a higher grade road shall apply to the overlapping part of the road. |
| (2) | In cases of approval for, or modification of a route so as to overlap with the route of another road, or permanent closure or modification of a route overlapping the route of another road, the road management agency which has approved such other route shall be notified. |
CHAPTER III MANAGEMENT OF ROADS
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| Article 20 (Road Management Agencies) |
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| (1) | Road management agencies are classified as follows: |
| 1. | National highways: The Minister of Land, Transport and Maritime Affairs; |
| 2. | State-funded local highways: Do governors or the governor of the Special Self-Governing Province (the competent Mayor, in cases of sections located in the Special Metropolitan City or a Metropolitan City); and |
| 3. | Other roads: administrative agencies which have approved the routes. |
| (2) | A road management agency of higher grade roads in the district of the Special Metropolitan City, a Metropolitan City, the Special Self-Governing Province, or a Si (excluding national expressways, or national highways or local highways in Eup/Myeon areas), shall be the Special Metropolitan City Mayor, a Metropolitan City Mayor, the governor of the Special Self-Governing Province or the head of a Si, notwithstanding paragraph (1). |
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| Article 21 (Consultation or Ruling on Management) |
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| (1) | A management agency and management methods concerning roads the routes of which have been approved under Article 16, or concerning roads on the boundary of administrative sections may be separately determined upon consultation among the administrative agencies concerned. |
| (2) | In cases where agreement cannot be made in consultation as referred to in paragraph (1), the administrative agencies concerned may apply for a ruling to the Minister of Land, Transport and Maritime Affairs, in cases of roads on the boundary of the Special Metropolitan City, a Metropolitan Cities or Do, or the Special Self-Governing Province, and to the Special Metropolitan City Mayor, a Metropolitan City Mayor or Do governor in cases of other roads. |
| (3) | In cases where a ruling as referred to in paragraph (2) has been made, consultation as referred to in paragraph (1) shall be deemed to have been made. |
| (4) | Any administrative agencies concerned shall publicly notify the details of consultation or ruling as referred to in paragraph (1) or (2). |
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| Article 22 (Basic Planning of Road Upgrades) |
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| (1) | Each road management agency shall make a road upgrade plan each ten years, providing long-term directions for upgrading roads (hereinafter referred to as "basic plan") under its district. |
| (2) | The basic plan shall include matters falling under each of the following subparagraphs: |
| 1. | Objectives and direction of road upgrade; |
| 2. | Programs for upgrading and managing roads; |
| 3. | Environmentally-friendly means to build roads; |
| 4. | Ways to finance necessary financial resources; and |
| 5. | Other matters the Minister of Land, Transport and Maritime Affairs or a road management agency deems necessary, in order to systematically upgrade roads. |
| (3) | Each road management agency shall review its basic plan every five years from the date of planning to determine its feasibility and if necessary, revise it. |
| (4) | Where a road management agency intends to make or revise a basic plan, it shall consult with the heads of relevant administrative agencies (if the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do governor or the governor of a Self-Governing Province is the road management agency, the Minister of Land, Transport and Maritime Affairs shall be included, and if the head of Si/Gun/Gu is the road management agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do governor shall be included, respectively). |
| (5) | When a road management agency has made or revised a basic plan as referred to in paragraph (1), it shall publicly announce such fact, as stipulated by Ordinance of the Land, Transport and Maritime Affairs. |
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| Article 23 (Construction, Maintenance, etc. of Roads) |
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| (1) | Road works concerning new construction, reconstruction or repairs (hereinafter referred to as "road works") and the maintenance thereof shall be implemented by the road management agency of such roads, except as provided for otherwise in this Act or other Acts: Provided, That affairs related to the repair and maintenance of national highways (excluding national highways to which Article 20 (2) applies) may be implemented by a Do governor or the governor of a Self-Governing Province, as prescribed by Presidential Decree. |
| (2) | The Minister of Land, Transport and Maritime Affairs shall make a work plan in order to ensure the efficient construction of the national highways (excluding the national highways to which Article 22 (2) applies), alternative bypasses to national highways or State-funded local highways, and shall make a survey and plan in conformity therewith. The road management agency shall follow the work plan, survey and plan made by the Minister of Land, Transport and Maritime Affairs, in constructing alternative bypasses to national highways and State-funded local highways. In such cases, a work plan shall be made every five years. |
| (3) | A survey and plan for the sections of State-funded local highways within the Special Metropolitan City or a Metropolitan City shall be conducted by the Special Metropolitan City Mayor or a Metropolitan City Mayor, notwithstanding the former part of paragraph (2). In such cases, with regard to the design, approval by the Minister of Land, Transport and Maritime Affairs shall be obtained. |
| (4) | To make a work plan under paragraph (2), the Minister of Land, Transport and Maritime Affairs shall hear the opinions of the Minister of Public Administration and Security and the competent management agency, and if necessary for efficiently promoting the construction of alternative bypasses to national highways and State-funded local highways, he or she may request the said management agency to present necessary materials. |
| (5) | Where the Minister of Land, Transport and Maritime Affairs has made a work plan as referred to in paragraph (2), he or she shall make a public announcement thereof on the information and communications networks under his or her control. |
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| Article 24 (Determination of Road Zones) |
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| (1) | When a road route is assigned or any publication of approval or modification is made, a road management agency shall promptly determine a road zone. |
| (2) | A management agency of higher grade roads may determine a road zone for a junction or connective section with a lower grade road that meets or connects to a higher grade road, notwithstanding paragraph (1). In such cases, consent of the management agency of lower grade roads shall be obtained in advance. |
| (3) | A road management agency shall, in determining a road zone in accordance with paragraph (1) or (2), publish such determination, explicitly providing drawings, funding, the term of project and other matters prescribed by Presidential Decree, in accordance with Ministerial Decree of Land, Transport and Maritime Affairs and make the drawings accessible to the public. The same shall apply to cases where a road zone is modified. |
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| Article 25 (Legal Fiction of Authorization and Permission, etc. under Other Acts) |
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| (1) | When a management agency determines or modifies a road zone pursuant to Article 24, the permission, authorization, license, approval, cancellation, determination, consent or consultation falling under any of the following subparagraphs (hereinafter referred to as "authorization or permission, etc."), about which the road management agency has consulted with relevant administrative agencies in accordance with paragraph (2), shall be deemed to be granted; and when the determination or modification of a road zone is publicly announced, a public notice or the publication of authorization, permission, etc. under relevant Acts falling under any of the following subparagraphs shall be deemed to have been granted: |
| 4. | Designation of zones, etc. in reserved mountainous districts under Article 8 of the Management of Mountainous Districts Act, permission for, or reports on the diversion of the use of mountainous districts under Articles 14 and 15 of the same Act, and permission for the gathering of soil and stones (limited only to soil and sand) under Article 25 of the same Act; |
| 5. | Permission for, and reports on deforesting, etc. under Articles 36 (1) and (4), and 45 (1) and (2) of the Creation and Management of Forest Resources Act, and revocation of the designation of forest reserves under Article 46 (1) of the same Act; |
| 6. | Permission for the deforesting, etc. of bamboo under Article 14 of the Work against Land Erosion or Collapse Act, and cancellation of designation of erosion control land under Article 20 of the same Act; |
| 7. | Determination of urban management planning under Article 30 of the National Land Planning and Utilization Act (limited to national expressways or national highways, State-funded local highways or local highways, and green zones and traffic squares, which are urban planning facilities for the purpose of buffering in relation thereto), permission for development under Article 56 of the same Act, permission for activities within urbanization control zones under Article 81 (2) of the same Act, and authorization for implementation plans under Article 88 of the same Act; |
| 9. | Permission for the diversion of grassland under Article 23 of the Grassland Act; |
| 14. | Permission for reburial under Article 27 (1) of the Funeral Services, etc. Act; |
| 15. | Permission for new construction, etc. of roads pursuant to the proviso to Article 292 (3), proviso to Article 293 (2) and Article 295 (2) 3 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International Cities; |
| 17. | Permission for the occupation of urban parks and permission for acts in the districts of urban natural parks under Articles 24 (1) and the proviso to 27 (1) of the Urban Parks, Green Areas, etc. Act; |
| 18. | Consultations under Article 62 of the Cultural Heritage Protection Act; and |
| 19. | Permission for maintenance and improvement of roads under Article 5 of the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages. |
| (2) | Where a management agency determines or modifies any road zone under Article 24, it shall consult, in advance, with the heads of relevant administrative agencies about the matters falling under each subparagraph of paragraph (1). Upon receipt of a request for consultation, the heads of relevant administrative agencies shall present their opinion within 30 days from the date of receiving such request. In such cases, the heads of related administrative agencies shall not comply with any consultation in violation of standards for authorization and permission, etc. as prescribed in the relevant Acts. |
| (3) | The head of the relevant administrative agency in charge of matters falling under any subparagraph of paragraph (1) shall notify the Minister of Land, Transport and Maritime Affairs of standards for dealing with such matters. The same applies to cases of modification. |
| (4) | The Minister of Land, Transport and Maritime Affairs shall, upon receiving the notification referred to in paragraph (3), publish the notified standards. |
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| Article 26 (Acting on Behalf of Superior Offices) |
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| (1) | The Minister of Land, Transport and Maritime Affairs may, where deemed especially necessary, implement road works managed by the administrative agency concerned under conditions prescribed by Presidential Decree: Provided, That the same need not apply to Si roads, Gun roads and Gu roads. |
| (2) | The Special Metropolitan City Mayor, Metropolitan City Mayors or Do governors may, if deemed especially necessary, implement road works managed by heads of Sis/Guns/Gus. |
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| Article 27 (Use and Permanent Closure of Roads) |
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To open or permanently close roads, a road management agency shall announce it publicly as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs, and have the drawing for public access: Provided, That if the routes overlapping existing roads have been assigned, approved or modified, the same shall not apply to the overlapping part of the road.
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| Article 28 (Permanent Closure of Existing National Highway Sections after Opening of Alternative Bypasses to National Highways) |
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| (1) | Where a road management agency opens alternative bypasses to national highways as referred to in Article 27, with regard to the sections of existing highways, it shall modify the use thereof as national highways under the same Article. |
| (2) | The management agency of the modified sections of national highways as referred to in paragraph (1) shall notify the competent Do governor of the area in which the said sections are located, of such closure. In such cases, the Do governor, upon the receipt of such notification, shall approve a new route for the section of a national highway to be permanently closed, and manage it, as a management agency of the new road. |
| (3) | Where it is difficult to approve a route on the road as referred to in paragraph (2), a Do governor shall promptly notify the heads of competent Si/Gun of such facts. In such cases, the Do governor, upon the receipt of such notification, shall approve a new route for the section of national highway to be permanently closed, and manage it, as a management agency of the new road. |
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| Article 29 (Order of Implementation of Works by Other Structure Managers) |
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If roads serve concurrently as other structures, a road management agency may order managers of other structures to implement road works or maintain roads.
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| Article 30 (Implementation of Works on Other Structures) |
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| (1) | If other structures concurrently serve as roads, a road management agency may implement works concerning other structures or maintenance thereof. |
| (2) | Works concerning other structures, or maintenance thereof under paragraph (1), shall be considered as road works or maintenance thereof. |
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| Article 31 (Order for Implementation of Works to Obliged Persons) |
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In cases where road works become necessary due to any works or conduct other than road works (hereinafter referred to as "other works or other acts"), a road management agency may have the conductor of such other works or other conduct implement road works.
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| Article 32 (Implementation of Appurtenant Works) |
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| (1) | A road management agency may implement road works concurrently with other works required on account of road works or for executing road works. |
| (2) | Other works to be implemented under paragraph (1) shall be considered as road works. |
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| Article 33 (Order for Implementation of Works by Public Organizations, etc.) |
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A road management agency may have public organizations or private persons having direct interests in roads implement minor repair of roads or maintenance thereof, as prescribed by Presidential Decree.
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| Article 34 (Implementation of Works by Person Other than Management Agency) |
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| (1) | Any person who is not a road management agency may implement road works or maintenance thereof after obtaining permission from the relevant road management agency: Provided, That in cases falling under any of the following subparagraphs, the permission therefor from a road management agency is not required: |
| 1. | Where implementing road works on a junction or connective section of higher grade roads that meets, or connects to higher grade roads, in the implementation of works on higher grade roads by a management agency of higher grade roads. In such cases, consultation shall be held in advance with the management agency of lower grade roads; and |
| 2. | Where conducting minor maintenance of roads as prescribed by Presidential Decree. |
| (2) | Standards for granting permission under paragraph (1) shall be prescribed by Presidential Decree. |
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| Article 35 (Acting on Behalf of Authority) |
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In cases where the Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, Metropolitan City Mayors or Do governors implement road works under Article 26, they may act on behalf of the management agencies of such roads, as prescribed by Presidential Decree. The same shall also apply in cases where the administrative agencies manage roads beyond their competent areas, upon consultation as referred to in Article 21.
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| Article 36 (Road Registry) |
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| (1) | A road management agency shall prepare a registry of roads appertaining to its management and retain it. |
| (2) | Matters necessary for a road registry, such as preparation, entries and retainment shall be prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
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| Article 37 (Road Structures, Facilities, etc.) |
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| (1) | The structures and facilities of roads and the maintenance, safety inspections and repairs of roads shall conform to standards determined by Ministerial Decree of Land, Transport and Maritime Affairs. |
| (2) | The Minister of the Land, Transport and Maritime Affairs shall, when he or she intends to determine the standards referred to in paragraph (1), make efforts to minimize damages to natural ecosystem resulting from the road construction work and to ensure the safety of road structures and traffic. |
CHAPTER IV OCCUPATION AND USE OF ROADS
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| Article 38 (Occupation and Use of Roads) |
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| (1) | Any person who intends, in a road zone, to build, rebuild, modify or remove installations, articles or other facilities, or to occupy and use roads for other purposes, shall obtain permission from the relevant road management agency. |
| (2) | Matters concerning the kinds of installations, articles and facilities for which permission may be granted pursuant to paragraph (1) and the standards for the occupation and use roads, etc. shall be prescribed by Presidential Decree. |
| (3) | In cases where a person who has obtained permission for the occupation and use of roads under paragraph (1) has completed construction works accompanied with the excavation and other modification of form and quality of roads, he or she shall obtain confirmation by a road management agency, as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs: Provided, That if he or she has completed construction works for the laying of a major object underground prescribed by Presidential Decree (hereinafter referred to as "major object laid underground"), he or she shall submit a completed drawing to the road management agency, and the management agency shall retain and manage it as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
| (4) | In cases where a road management agency grants permission for the occupation and use of roads, where a major object is laid underground, involving excavation works, it shall notify it to the manager of the major object laid underground. |
| (5) | In cases where a person who has obtained permission for the occupation and use of roads under paragraph (1) intends to implement road excavation works where a major object is laid underground, he or she shall implement such works under the supervision of the manager of the major object laid underground. |
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| Article 39 (Occupation and Use of Roads for Public Activities) |
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A road management agency may not refuse to grant permission for the occupation and use of roads for a public project which is entitled to expropriate or use land under Acts: Provided, That the same may not apply to any of the following cases:
| 1. | Where the volume of traffic increases substantially; |
| 2. | Where unavoidable circumstances exist for traffic in especially narrow roads; and |
| 3. | Where other justifiable grounds exist. |
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| Article 40 (Acting for Road Works Involving Occupation and Use) |
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| (1) | If it is deemed necessary in order to sustain the structure of roads, a road management agency may implement works concerning the occupation and use of roads. |
| (2) | In cases of paragraph (1), a road management agency shall notify in advance the details and time of works to occupying users of a road. |
| (3) | Works concerning the occupation and use of roads as referred to in paragraph (1), shall be deemed road works. |
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| Article 41 (Collection of Occupation and Usage Fees) |
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| (1) | A road management agency may collect occupation and usage fees from an occupying user of a road under Article 38. |
| (2) | Matters necessary for the collection of occupation and usage fees, such as the standard for assessment, etc. of occupation and usage fees as referred to in paragraph (1), shall be prescribed by Presidential Decree in cases of national highways (excluding national highways subject to the application of Article 22 (2)), and by Municipal Ordinance of the local government having control over the road management agency of such roads within the extent prescribed by Presidential Decree in cases of other roads. |
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| Article 42 (Restriction on Collection of Occupation and Usage Fees) |
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If the occupation and use of roads as referred to in Article 38 falls under any of the following subparagraphs, occupation and usage fees as referred to in Article 41 may be reduced or exempted, as prescribed by Presidential Decree: | 1. | Where a nonprofit project is performed for public usage or pubic interest; |
| 2. | Where it is not practical to attain the original purpose of occupation and use due to a disaster or other special circumstances; |
| 3. | Where a public project which has a substantial effect on the national economy, as prescribed by Presidential Decree, is implemented; and |
| 4. | Where it is used as a passage to and from a house and is performed for nonprofit purposes. |
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| Article 43 (Restoration to Original State) |
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| (1) | A person occupying and using a road shall restore the road to the original state in cases where the period of occupation and use expires or the occupation and use is abolished: Provided, That the same may not apply to cases where the restoration to original state is impossible, or deemed inappropriate. |
| (2) | Article 38 (3) shall apply mutatis mutandis to the restoration to original state of roads under paragraph (1). |
| (3) | Where a person who has obtained permission for occupation of roads fails to perform any obligation for restoring any of them to their original state under the main sentence of paragraph (1), a road management agency may restore their original state by means of vicarious execution as referred to in the Administrative Vicarious Execution Act. |
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| Article 44 (Application to Addition of Objects) |
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Adding a new object which may harm, or interfere with the structure of roads or traffic on a structure, object or other facilities occupying and using roads shall be considered as new occupation and use of roads.
CHAPTER V PRESERVATION OF ROADS AND PUBLIC LIABILITY
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| Article 45 (Act to be Prohibited on Roads) |
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No person may engage in any of the following listed conduct with respect to roads, without any justifiable grounds:
| 2. | Piling up soil or stones, bamboo or trees, or other obstacles on roads; and |
| 3. | Conduct causing any obstruction to the structure of roads or traffic. |
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| Article 46 (Entrance to, or Exit from and Use, etc. of Land) |
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| (1) | If it is necessary for the purpose of works, investigation, survey on roads, or maintenance thereof, a road management agency or a person who has been ordered or delegated by it, may enter another person's land or use it temporarily for a place to pile up materials, a passage or a local highway, and if it is especially necessary, may modify or remove bamboo or trees, or other obstacles. |
| (2) | Any person who intends to enter another person's land under paragraph (1), shall notify it in advance to the occupant of the said land, and any person who intends to use another person's land temporarily or remove obstacles therefrom, shall notify it to the owner and occupant and then shall hear their opinion: Provided, That the same may not apply in cases where any compelling reason exists. |
| (3) | No person may enter, before sunrise or after sunset, another person's housing lot or land enclosed by a wall or fence, without permission of the occupant of the said land. |
| (4) | Any person who intends to enter another person's land under paragraph (1), shall carry identification showing his or her authority, and display it to interested persons. |
| (5) | Matters necessary with regard to an identification under paragraph (4) shall be prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
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| Article 47 (Use of Land, etc. at Time of Urgent Disaster) |
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If it is deemed especially necessary for preventing the structure of roads or traffic from danger resulting from a disaster, a road management agency may request a person residing near the roads to provide labor, temporarily use land, houses or other structures required in the site of disaster, or modify or remove obstacles, or use or expropriate soil or stones, bamboo or trees, conveyers, or other things (excluding structures).
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| Article 48 (Expropriation of Land, etc.) |
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| (1) | If it is deemed necessary for implementing road works, a road management agency may expropriate or use land or buildings in road zones, objects anchored to the land or rights other than ownership of the land, buildings or objects. |
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| Article 49 (Designation, etc. of Clearance Zone) |
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| (1) | A road management agency may designate clearance zones, as prescribed by Presidential Decree, within a limit not exceeding 20 meters from the boundary lines of roads in order to prevent any damage to the structure of roads, to preserve the appearance of roads, or to prevent any danger to traffic. |
| (2) | A road management agency shall, when designating a clearance zone under paragraph (1), notify the public of such designation without delay, and manage the clearance zone as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
| (3) | Any conduct falling under any of the following subparagraphs shall be prohibited in any clearance zone: Provided, That the same may not apply to cases of an act prescribed by Presidential Decree: |
| 1. | Altering the form or quality of land; and |
| 2. | Construction, renovation of or addition to buildings or other structures; |
| (4) | In order to prevent danger to the structures of roads and the safety of traffic, a road management agency may have the owners or occupants of land, trees, facilities, buildings or structures (hereinafter referred to as the "facilities, etc.") take measures falling under any of the following subparagraphs: |
| 1. | Where the facilities, etc. obstruct the view, such obstacles shall be removed; |
| 2. | Where the facilities, etc. collapse and pose, or is anticipated to pose danger to roads, such danger shall be prevented in advance and preventive facilities shall be installed if necessary; |
| 3. | Where soil or sand is piled up, or anticipated to be piled up on roads, such soil or sand shall be removed or preventive facilities shall be installed; and |
| 4. | Where the facilities, etc. create, or are anticipated to create an obstruction to road drainage facilities, such obstacles shall be removed or preventive facilities shall be installed. |
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| Article 50 (Three-Dimensional Road Zone) |
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| (1) | A road management agency may, where it designates or modifies a road zone in accordance with Article 24 and it is deemed necessary to facilitate proper and reasonable land utilization in an area where such road zone is located, designate such road zone as a zone where a limit on the surface or subsurface is prescribed (hereinafter referred to as a "three-dimensional road zone"). |
| (2) | A road management agency shall, when it designates a three-dimensional road zone, consult with a land owner, a person holding rights other than the ownership of such land and a person holding the ownership of, or other rights on objects on such land (hereinafter referred to as "owners, etc.") about the establishment or transfer of divided superficies, or no three-dimensional road zone shall not be designated if an agreement (limited to cases of the surface). In such cases, ownership and other rights which are the object of consultation, the scope of divided superficies and other matters to be included in consultation shall be prescribed by Presidential Decree. |
| (3) | When an agreement is reached in consultation about the use of the surface and subsurface under paragraph (2), a road management agency shall, establish or transfer divided superficies. |
| (5) | Matters necessary for procedures for registration of divided superficies concerning the use of the surface or subsurface of land shall be determined by Supreme Court Regulations. |
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| Article 51 (Three-Dimensional Zone for Road Preservation) |
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| (1) | A road management agency may, where it designates a road zone as a three dimensional road zone and it is deemed necessary to preserve the relevant road structures and prevent traffic hazards, designate a zone (hereinafter referred to as a "three-dimensional zone for road preservation") to protect roads by determining limits on the surface or subsurface of the road concerned. |
| (2) | The designation of a three-dimensional zone for road preservation shall be limited only to cases where such designation is required to preserve the relevant road structures and prevent traffic hazards. |
| (3) | A road management agency shall, when it intends to designate a three-dimensional zone for road preservation, publish the fact in advance, as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs, and make a drawing thereof accessible to the public. The same shall apply to cases where the road management agency intends to modify or cancel such designation. |
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| Article 52 (Restrictions on Conduct in Three-Dimensional Zone for Road Preservation) |
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| (1) | Owners or occupants of facilities, etc. located in a three-dimensional zone for road preservation shall take measures necessary to prevent such facilities, etc. from creating a hazard to road structures or traffic safety. |
| (2) | Article 49 (4) applies mutatis mutandis to measures taken in relation to owners or occupants of facilities, etc. located in a three-dimensional zone for road preservation. |
| (3) | Gathering soil or sand from around the pillars of elevated highways or from under or above the roads built below ground level in a three-dimensional road zone for road preservation, which is anticipated to pose a hazard to road structures and traffic safety, shall be prohibited. |
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| Article 53 (Request for Purchase of Lands within Clearance Zone) |
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| (1) | Where a clearance zone is designated within national expressways and other roads as prescribed by Presidential Decree pursuant to Article 49, the owner of land within a clearance zone the utility of which has been significantly reduced as it is impossible to be used for the previous usage due to the designation as a clearance zone, or usage and profit-making of which is de facto impossible (hereinafter referred to as "land subject to purchase"), and falls under any of the following subparagraphs, may request a road management agency to purchase relevant land: |
| 1. | A person who has continuously owned the relevant land since the time of designation of the clearance zone; |
| 2. | A person who has acquired and continuously owned the relevant land before the land became impossible to use or make profit; and |
| 3. | A person who inherited the relevant land from another person falling under subparagraph 1 or 2, and has owned it continuously. |
| (2) | Where a clearance zone of higher grade roads and that of lowerer grade roads overlap, a request for purchase as referred to in paragraph (1) shall be made to the road management agency of higher grade roads. |
| (3) | When a road subjected to a request for purchase as referred to in paragraph (1) falls under the standards referred to in paragraph (4), a road management agency shall purchase it. |
| (4) | Specific criteria for determination of land utility of which is reduced as it is impossible to be used for the previous usage as referred to in paragraph (1), or usage and profit-making of which is de facto impossible shall be prescribed by Presidential Decree. |
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| Article 54 (Procedures for Request for Purchase) |
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| (1) | A road management agency shall notify a purchase requester if the relevant land is subject to purchase and the estimated purchase price, etc. within two months from the date of receiving a request for land purchase as referred to in Article 53 (1). |
| (2) | With regard to land notified as land subject to purchase as referred to in paragraph (1), a road management agency shall make a purchase plan and purchase the relevant land, within a period of less than five years, as specified by Presidential Decree. |
| (3) | Purchase price of land subject to purchase (hereinafter referred to as "purchase price") shall be a value assessed based on publicly notified land price under the Public Notice of Values and Appraisal of Real Estate Act at the time of a request for purchase, taking into account the rate of change in land price prescribed by Presidential Decree and the rate of increase in producers' prices and the location, appearance, environment and usage of land for a period from the standard date of the relevant public notice to the prearranged date for payment to a purchase requester. In such cases, the methods, etc. of computation shall be prescribed by Presidential Decree. |
| (4) | Land that has been purchased under paragraphs (1) through (3) shall revert to the State if the Minister of Land, Transport and Maritime Affairs is the relevant road management agency, or to the local government to which belongs the road management agency in cases where the Minister of Land, Transport and Maritime Affairs is not the road management agency. |
| (5) | In cases of a purchase of land under paragraphs (1) through (3), procedures for purchase and other necessary matters shall be prescribed by Presidential Decree. |
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| Article 55 (Payment for Expenses) |
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| (1) | Expenses necessary for appraisal and assessment, etc. to compute purchase prices as referred to in Article 54 (3) shall be borne by the road management agency. |
| (2) | Where a purchase requestor withdraws his or her request for purchase without justifiable grounds, notwithstanding paragraph (1), a road management agency may have the purchase requestor bear the whole or part of the expenses for the appraisal and assessment, as prescribed by Presidential Decree: Provided, That the same may not apply to cases where the purchase price has fallen in excess of the rates prescribed by Presidential Decree, in comparison with the estimated purchase price. |
| (3) | Where a purchase requestor has failed to pay any expenses to be borne as referred to in the main sentence of paragraph (2), these shall be collected by referring to the practices of disposition on default of national taxes or local taxes. |
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| Article 56 (Purchase of Land upon Consultation) |
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| (1) | In order to achieve the purpose of designation of a clearance zone, the road management agency may, if deemed necessary, purchase land within a clearance zone in consultation with the land owner. In such cases, Article 54 (4) shall apply mutatis mutandis to the reversion of purchased land. |
| (2) | Articles 67 (1), 70, 71, 74, 75, 75-2, 76, 77 and 78 (5) through (9) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall apply mutatis mutandis to the time, methods and standards, etc. of computation of prices in cases of the purchase of land upon consultation within a clearance zone under paragraph (1). |
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| Article 57 (Road Signs) |
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| (1) | A road management agency shall install and manage road signs in necessary locations to preserve road structures and ensure free flow of traffic. |
| (2) | Matters necessary for road signs under paragraph (1), such as kinds, and due forms shall be prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
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| Article 58 (Prohibition of, or Restriction on Passage) |
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| (1) | If it is deemed unavoidable on account of road-related works, or passage therethrough is deemed dangerous on account of damage to roads or other reasons, a road management agency may prohibit or restrict the passage of roads after designating a certain section. |
| (2) | In cases where a road management agency intends to prohibit or restrict passage under paragraph (1), it shall install signs, clearly expressing the objects, sections, periods and reasons for restriction, and announce these publicly, as prescribed by Presidential Decree. |
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| Article 59 (Restriction on Operation of Vehicles) |
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| (1) | If it is deemed necessary in order to preserve the structure of roads and prevent danger during driving, a road management agency may restrict the operation of vehicles (referring to motor vehicles under Article 2 of the Automobile Management Act and construction machinery under Article 2 of the Construction Machinery Management Act; hereinafter the same shall apply), as prescribed by Presidential Decree: Provided, That the same may not apply to the operation permitted by a management agency on account of the characteristics of the structure of a vehicle or loaded freight. |
| (2) | A driver of a vehicle (including an operator of construction machinery; hereinafter the same shall apply) may not violate restriction on operation under paragraph (1). |
| (3) | A lessee of a vehicle lease contract (in cases of construction work, referring to a contractor, sub-contractor, or work participant under the Framework Act on the Construction Industry; hereinafter the same shall apply), who is the actual person managing the loading of cargo on vehicle, shall manage operation so as to have a leased vehicle with loaded cargo not to operate in violation of restriction on operation under paragraph (1). |
| (4) | A road management agency may request a driver to have the quantity of load measured and present relevant documents in order to verify any violation of restriction on operation under paragraph (1), and the driver shall comply with it, unless justifiable reasons exist. |
| (5) | In cases where a road management agency intends to permit the operation of vehicles pursuant to the proviso to paragraph (1), it shall take into account the types of vehicles and the condition of roads on which the vehicles are to be operated, pursuant to procedures set by Presidential Decree, and the road management agency may grant permission for the operation of vehicles on condition, such as the routes, hours or methods of operation, payment for costs, etc. for the repair or reinforcement of road structures, etc. |
| (6) | A road management agency may demand a driver to accompany the relevant public official in the same vehicle to measure the quantity of load under paragraph (4). In such cases, the driver shall comply with such demand unless any justifiable reasons exist. |
| (7) | Article 58 (2) shall apply mutatis mutandis to the restriction on the operation of vehicles under paragraph (1). |
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| Article 60 (Prohibition, etc. of Obstruction in Measuring Quantity of Load) |
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| (1) | Any driver of a vehicle shall be prohibited from obstructing the measurement of the quantity of load on the vehicle by means of operating equipment of the vehicle or other means prescribed by Presidential Decree. |
| (2) | Where a management agency finds that a driver has violated paragraph (1), it may demand a re-measurement. In such cases, the driver shall comply with such demand unless any justifiable reasons exist. |
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| Article 61 (Designation of Motorways) |
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| (1) | A road management agency may designate roads (excluding national expressways) impeding the free flow of vehicles due to substantial traffic congestion, or particular sections of roads, if necessary for the free flow of traffic, as motorways or motor zones (hereinafter referred to as "motorways"), as prescribed by Presidential Decree. In such cases, if two or more management agencies are managing roads to be designated, all management agencies concerned shall designate them collectively. |
| (2) | To designate motorways, another road used for general traffic connecting the said sections shall exist. |
| (3) | In designating motorways pursuant to paragraph (1), if the Minister of Land, Transport and Maritime Affairs is the road management agency, the opinion of the Commissioner of the National Police Agency shall be considered. If the Special Metropolitan City Mayor, a Metropolitan City Mayor, or a Do Governor is the road management agency, the opinion of the Commissioner of the Regional Police Agency shall be considered. If the head of Si/Gun/Gu is the road management agency, the opinion of the chief of police station shall be heard. |
| (4) | If a road management agency makes a designation under paragraph (1), it shall announce it publicly, as prescribed by Presidential Decree. The same shall also apply to the modification or rescission of such designation. |
| (5) | Necessary matters concerning standards for structures and facilities of motorways and the designation of motorways shall be prescribed by Ministerial Decree of Land, Transport and Maritime Affairs. |
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| Article 62 (Restriction on Entering or Passing Motorways) |
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| (1) | No person may enter or pass along any motorway by any means other than in a motor vehicle. |
| (2) | A road management agency shall install road signs, clearly stating the conduct to be prohibited, or restricted on passage at the entrance or other necessary locations along motorways. |
| (3) | A road management agency may order an offender of paragraph (1) to discontinue such offense or other measures necessary for the prevention of any traffic hazard. |
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| Article 63 (Road Managers) |
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| (1) | If it is necessary for the efficient management and safety of roads, a road management agency may appoint road managers from among public officials under its control. |
| (2) | A road manager may order the discontinuation of works or the rebuilding, transfer, removal of structures or other objects, or order to take measures necessary to prevent hazards or injury, which may be brought by the structures or objects, to a person falling any of the following subparagraphs: |
| 2. | Any person who has violated a disposition taken under Article 49 (4), 52 (2), 58 (1), 59 or 62 (3). |
| (3) | Any person who intends to order the discontinuation of works or take the measures for the safety, etc. of roads under paragraph (2), shall carry identification proving his or her authority and display it to interested persons. |
| (4) | Article 46 (5) shall apply mutatis mutandis to forms of identification as referred to in paragraph (3). |
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| Article 64 (Ways of Crossing, and Connection with other Facilities) |
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| (1) | In crossing motorways or roads prescribed by Presidential Decree and other roads, railroads, tracks, or passages used for traffic or other facilities, multi-level crossing facilities shall be built unless any special circumstances exist. |
| (2) | Any person who intends to connect, under paragraph (1), motorways or roads prescribed by Presidential Decree with other roads, passages or other facilities, shall obtain permission from a road management agency. The same shall also apply to cases of the modification of permitted matters. |
| (3) | Necessary matters concerning standards and procedures for permission under paragraph (2) shall be prescribed by Ministerial Decree of Land, Transport and Maritime Affairs in cases of national highways (excluding national highways to which the provisions of Article 20 (2) are applied), and by Municipal Ordinance of each local government to which the road management agency belongs in cases of other roads. |
| (4) | When a road management agency grants permission under paragraph (2), if the connection of roads, passages or other facilities is anticipated to create heavy traffic, or it is deemed necessary to install other facilities for traffic systems, the road management agency may have a person, who has obtained permission for the connection of the said facilities, take measures necessary for the flow of traffic, such as the installment and management, etc. of facilities. |
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| Article 65 (Special Cases in Application of Administrative Vicarious Execution) |
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| (1) | In cases where roads are unlawfully occupied and used repeatedly or chronically or urgent implementation is necessary so that a road management agency is facing difficulty, if it undergoes procedures as referred to in Article 3 (1) and (2) of the Administrative Vicarious Execution Act, to accomplish the purposes thereof, it may take necessary measures, such as removal, etc. of piles, without the said procedures. |
| (2) | Vicarious execution as referred to in paragraph (1) shall only be limited to the least extent necessary for the management of roads. |
| (3) | Matters necessary for the custody and disposal of piles, etc., removed by vicarious execution under paragraphs (1) and (2), shall be prescribed by Presidential Decree. |
CHAPTER VI EXPENSES FOR, AND PROFITS FROM ROADS
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| Article 66 (Scope of Expenses and Profits) |
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The scope of expenses for, and profits from roads shall be prescribed by Presidential Decree.
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| Article 67 (Principle of Expense Allotment) |
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The expenses for roads, except as otherwise provided for in this Act or other Acts, shall be borne by the National Treasury in cases of those related to roads managed by the Minister of Land, Transport and Maritime Affairs, and by the local government having control over the relevant management agency in cases of those related to other roads: Provided, That the expenses necessary in cases of the proviso to Article 23 (1) shall be borne by the National Treasury.
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| Article 68 (Subsidization of Expenses on Alternative Bypasses to National Highways, etc.) |
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| (1) | The expenses necessary for building alternative bypasses to national highways and State-funded local highways and for the maintenance and management thereof shall be partially subsidized from the National Treasury, as prescribed by Presidential Decree, notwithstanding Article 67:
Provided, That State-funded local highways not included in the project plans as referred to in Article 23 (2) may be constructed at the expenses of the management agency of the relevant roads. |
| (2) | Management agencies of alternative bypasses to national highways and State-funded local highways to be constructed under paragraph (1) shall secure a sufficient budget so as to promote projects efficiently. |
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| Article 69 (Allotment Order to Special Metropolitan City, etc.) |
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The Minister of Land, Transport and Maritime Affairs may, under Article 67, have a Do or Self Governing Province where such roads are located or the Special Metropolitan City, a Metropolitan City or Do which yields profits from such roads, bear a part of expenses for roads borne by the National Treasury, as prescribed by Presidential Decree.
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| Article 70 (Expenses for Roads, etc. on Border) |
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| (1) | A share in, and allotment methods for expenses concerning roads where the routes of which have been approved under Article 16, or roads on the border of administrative zones, may be determined through consultation among the local governments concerned, notwithstanding Article 67. |
| (2) | Article 21 (2) shall apply mutatis mutandis to cases of paragraph (1). |
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| Article 71 (Expenses for Agency Works) |
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| (1) | Expenses necessary in cases where the Minister of Land, Transport and Maritime Affairs implements road works under Article 26 (1), shall be borne by the National Treasury. |
| (2) | The Minister of Land, Transport and Maritime Affairs may, as prescribed by Presidential Decree, have a local government having control over the management agency bear a part of expenses as referred to in paragraph (1). |
| (3) | Article 69 shall apply mutatis mutandis in cases of paragraph (2). |
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| Article 72 (Expenses for Agency Works) |
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| (1) | Necessary expenses in cases where the Special Metropolitan City Mayor, Metropolitan City Mayors or Do governors implement works concerning roads under Article 26 (2), shall be borne by the Special Metropolitan City, Metropolitan Cities or Dos. |
| (2) | Article 71 (2) shall apply mutatis mutandis in cases of paragraph (1). |
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| Article 73 (Allotment Order to Si/Gun/Gu) |
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A Si/Gun/Gu making profits from roads may, as prescribed by Presidential Decree, be made to bear a part of expenses to be borne by the Special Metropolitan City, Metropolitan City or Do under Articles 67 through 71. The same shall also apply to expenses concerning roads to be borne by a Si/Gun/Gu under Article 72 (2).
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| Article 74 (Expenses for Works Implemented by Manager of other Structures) |
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| (1) | The expenses necessary for road works and maintenance which a management agency has had the manager of other structures implement under Article 29, shall be borne by a person obligated to bear the expenses under this Act. |
| (2) | In cases of paragraph (1), if the manager of other structures makes profits from such road works or maintenance, the management agency may have the manager of other structures, within the limit of his or her profits, bear a part of the expenses as referred to in paragraph (1). |
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| Article 75 (Expenses for Construction Works of other Structures) |
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The expenses necessary for works or maintenance of other structures implemented by a road management agency under Article 30, shall be borne by the manager of such structures: Provided, That in cases where a local government having control over a management agency makes profits from such structures, a part of the expenses may be borne by the said local government within the limits of its profits.
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| Article 76 (Amount which Obliged Person to Pay) |
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The whole or a part of the expenses of road works incurred due to other works or activities may be borne by a person who is obliged to bear the expenses of such other works or acts.
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| Article 77 (Expenses for Appurtenant Works) |
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| (1) | The whole or a part of the expenses incurred by other works required on account of, or in order to implement road works, except in cases where any special condition is attached to the permission (including cases of occupying and using roads under consultation or approval as referred to in Article 5) granted under Article 38, shall be borne by the person obligated to bear such expenses for roads under this Act to the extent that he or she gives rise to such need: Provided, That the person whose occupation and usage fees have been reduced and exempted under subparagraph 3 of Article 42, shall bear the whole of the expenses for other works which have been necessitated on account of such occupation and use, in cases where a road management agency implements the road works (including the Korea Highway Corporation's vicariously exercising the authority of the Minister of Land, Transport and Maritime Affairs as defined in the Motorway Act, and the person implementing a private investment project for roads, who is a business operator as referred to in the Act on Private Participation in Infrastructure). |
| (2) | In cases where road works as referred to in paragraph (1) have been made necessary on account of other works or acts, Article 76 shall apply mutatis mutandis to the expenses for such works. |
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| Article 78 (Expenses for Repair and Maintenance Implemented by Public or Private Entity) |
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| (1) | In cases where a public or private entity implements works as referred to in Article 33, the expenses shall be borne by such public or private entity. |
| (2) | A road management agency may have a person obligated to bear the expenses concerning roads bear a part of the expenses referred to in paragraph (1), as prescribed by Presidential Decree. |
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| Article 79 (Expenses for Works Implemented by Person Other than Management Agency) |
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| (1) | The expenses incurred in the works and maintenance of roads as referred to in Article 34 shall be borne by a contractor or participant of such works. |
| (2) | A part of expenses necessary for road works as referred to in paragraph (1) may be assisted by the National Treasury in cases of those related to national highways and by such local government in cases of those related to other roads. |
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| Article 80 (Necessary Expenses for Performance of Duties) |
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The expenses necessary for the performance of duties under this Act or any order or Municipal Ordinance issued under this Act or any disposition taken thereby, shall be borne by a person under such duties, except as otherwise provided for in this Act.
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| Article 81 (Subsidies for Expenses) |
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If it is deemed especially necessary in order to maintain road networks, the Minister of Land, Transport and Maritime Affairs may subsidize a part of the expenses concerning roads other than national highways, as prescribed by Presidential Decree. The same shall also apply to the expenses concerning national highways borne by the Special Metropolitan City, Metropolitan Cities or Sis under Article 20 (2).
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| Article 82 (Reversion of Charges, etc.) |
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| (1) | Charges for expenses concerning roads shall revert to the National Treasury in cases of those having been ordered to bear such by the Minister of Land, Transport and Maritime Affairs, and to the local government having jurisdiction over such management agency in cases of those having been ordered to bear such by other management agencies: Provided, That the charges as referred to in the proviso to Article 75 or 78 (2) shall revert to a manager of other structures, the public or private entity. |
| (2) | Tolls, fees for occupation and use or other profits concerning roads shall revert to the National Treasury in cases of those accruing from roads managed by the Minister of Land, Transport and Maritime Affairs, and to the local government having control over a management agency in cases of those accruing from roads managed by a road management agency other than the Minister of Land, Transport and Maritime Affairs. |
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| Article 83 (Dispositions against Violators, etc. of Acts and Subordinate Statutes) |
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With respect to any person who falls under any of the following subparagraphs, a road management agency shall revoke permission or approval granted to him or her pursuant to this Act, to suspend the effect of such permission or approval, to change the terms of such permission or approval, to reinstall structures and to remove articles, take other disposition against him, or order him or her to take necessary measures:
| 1. | A person who has violated Article 4, 5, 34, 38, 43, 45, 49 (3), 52, 58, 59, 62 or 64; and |
| 2. | A person who has obtained permission or approval provided for in Article 5, 34, 38, 59 or 64 by false or other illegal means. |
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| Article 84 (Dispositions for Public Interest) |
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In cases falling under any of the following subparagraphs, a road management agency shall take a disposition provided for in Article 83 against any person who has obtained permission or approval pursuant to this Act or order him or her to take necessary measures: | 1. | Where it is required due to the modification of circumstances of roads; |
| 2. | Where it is required to implement works concerning roads; |
| 3. | Where it is required to remove or reduce dangers to any road structure and traffic safety; and |
| 4. | Where it is especially required to undertake any project, including any public-interest project provided for in Article 4 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Thereof. |
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| Article 85 (Hearings) |
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Where the road management agency intends, pursuant to Article 83 or 84, to cancel the permission for works implementation which a person other than a road management agency obtains pursuant to Article 34, it shall hold a hearing.
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| Article 86 (Disposition for Management Agency) |
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The Minister of Land, Transport and Maritime Affairs for national highways, Special Metropolitan City roads, Metropolitan City roads or local highways; and the Special Metropolitan City Mayor, Metropolitan City Mayors or Do governors (hereinafter referred to as the "competent supervisory government office") for the Si/Gun/Gu roads, may order the cancellation or modification of a disposition taken by a road management agency, the discontinuation of works, or take or order other necessary dispositions or measures in cases of any of the following subparagraphs:
| 1. | Where dispositions or works taken or conducted by a management agency violate Acts and subordinate statutes or any disposition taken by a competent supervisory government office, concerning roads; and |
| 2. | Where it is deemed especially necessary in order to preserve the structure of roads or to prevent a traffic hazard. |
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| Article 87 (Investigation, etc. on Matters Related to Roads) |
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The Minister of Land, Transport and Maritime Affairs and a road management agency may have their officials survey traffic information, such as the volume of traffic, road structures and other matters related to roads and provide drivers with such traffic information, such as the volume of traffic.
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| Article 88 (Approval by Supervisory Administrative Agency) |
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A road management agency or a local government shall, when it intends to approve, permanently close or modify any road route, obtain approval from a supervisory administrative agency as prescribed by Ministerial Decree of Land, Transport and Maritime Affairs.
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| Article 89 (Collection of Fees) |
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| (1) | Any person who falls under any of the following subparagraphs, shall pay the fees determined by Ministerial Decree of Land, Transport and Maritime Affairs: |
| 1. | A person who applies for permission for road works under Article 34; |
| 2. | A person who applies for permission for the occupation and use of any road under Article 38; and |
| 3. | A person who applies for permission for operation of roads under the proviso to Article 59 (1). |
| (2) | Article 42 shall apply mutatis mutandis to the reduction of, or exemption from fees as referred to in paragraph (1). |
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| Article 90 (Compulsory Collection of Charges, etc.) |
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| (1) | When a person who is under obligation to pay occupation charges and other charges levied in accordance with this Act or the orders, ordinances or dispositions taken under this Act, fails to pay such charges, a road management agency shall urge him or her to pay the charges within a fixed period. |
| (2) | In cases of paragraph (1), the road management agency may collect additional charges. In such cases, Articles 21 and 22 of the National Tax Collection Act shall apply mutatis mutandis to the additional charges referred to in paragraph (1). |
| (3) | When a person who is under obligation to pay charges, other charges and additional charges, fails to pay such charges, a road management agency may collect the charges in question in accordance with the precedents of dispositions taken to collect national or local taxes in arrears. |
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| Article 91 (Refund of Payments Made in Error) |
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A road management agency shall, in cases where it refunds any occupation charges, other charges or reimbursements which have been paid in error, refund them with interest added as prescribed by Presidential Decree, accruing from the day following the date of payment in error until the date of refund.
CHAPTER VIII COMPENSATION FOR LOSS
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| Article 92 (Compensation for Loss Due to Public Liability) |
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| (1) | In cases where a person who has suffered loss, such loss due to the disposition or restriction taken under this Act by the Minister of land, Transport and Maritime Affairs shall be compensated by the National Treasury, or due to disposition or restriction taken under this Act by other administrative agencies shall be compensated by a local government having jurisdiction over such administrative agency. |
| (2) | The Minister of Land, Transport and Maritime Affairs or other administrative agencies shall consult with a person having suffered loss with respect to the compensation of loss as referred to in paragraph (1). |
| (3) | In cases where agreement cannot be reached in consultation as referred to in paragraph (2), or it is impossible to enter into a consultation, a ruling may be applied for to the competent Land Expropriation Commission, as prescribed by Presidential Decree. |
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| Article 93 (Compensation for Loss Due to Supervisory Disposition) |
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| (1) | Article 92 shall apply mutatis mutandis to the loss due to the disposition of the road management agency as referred to in Article 84. |
| (2) | Article 92 shall apply mutatis mutandis to losses due to the cancellation or modification of any disposition taken by a management agency on account of the disposition or order of the competent supervisory government office as referred to in Article 86. |
| (3) | In cases of paragraph (2), if such loss has been incurred due to any disposition taken under the subparagraph 4 of Article 84, a management agency may have a person bearing the expenses incurred in the works compensate the whole or a part of such loss. |
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| Article 94 (Collection of Reimbursement) |
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With respect to any person who has occupied and used any road without obtaining permission in accordance with Article 38, an amount equivalent to 120/100 of the occupation charges for the occupation period may be collected as a reimbursement. In such cases, the amount shall be collected according to the precedents of collecting road occupation charges.
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| Article 95 (Delegation of Duties, etc. to Purchase Land) |
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| (1) | The Minister of Land, Transport and Maritime Affairs may delegate purchase of land for road building or compensation of loss to the head of the competent local government, as prescribed by Presidential Decree. |
| (2) | In cases where the Minister delegates duties to purchase land or compensate losses under paragraph (1), he or she shall pay the head of the local government delegated with such duties a fee for delegation at a rate prescribed by Presidential Decree within the limit of 2/100 of the amount of money for purchase of land or compensation for loss. |
CHAPTER IX PENAL PROVISIONS
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| Article 96 (Penal Provisions) |
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Any person who has harmed utilities of roads or inflicted any danger to traffic by damaging roads (excluding national expressways) without any justifiable reason, shall be sentenced to imprisonment for not more than ten years or a fine not exceeding ten million won.
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| Article 97 (Penal Provisions) |
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Any person who falls under any of the following subparagraphs, shall be sentenced to imprisonment for not more than two years or a fine not exceeding seven million won:
| 1. | Any person who has implemented road works without permission in violation of Article 34; |
| 2. | Any person who has obtained permission as referred to in this Act or any order issued under this Act by unlawful means; |
| 3. | Any person who has occupied and used any road without permission in contravention of Article 38 (1) (excluding any person who has temporarily piled up materials, etc. on roads); |
| 5. | Any person who has resisted or obstructed any disposition taken by a management agency as referred to in Article 47 without any justifiable reason; |
| 8. | Any person who has passed roads in violation of any prohibition or restriction referred to in Article 58; |
| 9. | Any person who has obstructed a measurement of the quantity of load in violation of Article 60 (1); |
| 10. | Any person who fails to comply with a demand for re-measurement by a management agency as referred to in Article 60 (2), without any justifiable reason; |
| 11. | Any person who has passed or entered any motorway by means other than a motor vehicle in violation of Article 62 (1); |
| 12. | Any person who has violated an order of a management agency as referred to in Article 62 (3); |
| 13. | Any person who has connected motorways or roads prescribed by Presidential Decree with other roads, passages or other facilities without permission as referred to in Article 64 (2); and |
| 14. | Any person who has transferred or damaged road accessories without any justifiable reason. |
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| Article 98 (Penal Provisions) |
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| (1) | Any person who falls under any of the following subparagraphs, shall be sentenced to imprisonment for not more than one year or a fin not exceeding two million won: |
| 1. | Any person who has resisted or obstructed a disposition or act of a management agency as referred to in Article 46 without any justifiable reason; |
| 2. | Any person who has violated restriction on operation as referred to in Article 59 (1); |
| 3. | Any person who has instructed or demanded the violation of a restriction on operation as referred to in Article 59 (1); |
| 4. | Any person who has failed to perform management as referred to in Article 59 (3) in cases where a rented vehicle with loaded cargo has been operated in violation of a restriction on operation under Article 59 (1); |
| 5. | Any person who refuses to comply with a demand of management agency under Article 59 (4) without any justifiable reason; and |
| 6. | Any person who has failed to comply with the demand of a management agency as referred to in Article 59 (6) without any justifiable reason. |
| (2) | Where a driver who has violated restrictions on vehicle operation under Article 59 (1) on instructions or demands from shippers, cargo transport business operators, or cargo transport brokers, etc. files a report as of such violation, paragraph (1) 2 shall not apply to him: Provided, That the same shall not apply to cases where he or she files such report to avoid a crackdown. |
| (3) | Where a lessee of a vehicle is punished under paragraph (1) 4, punishment of a driver or owner of relevant vehicle may be reduced or exempted. |
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| Article 99 (Penal Provisions) |
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Any person who falls under any of the following subparagraphs, shall be sentenced to a fine not exceeding five hundred thousand won:
| 1. | Any person who has violated an order taken under Article 49 (4); and |
| 2. | Any person who has violated an order of a management agency taken under Article 83 or 84. |
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| Article 100 (Joint Penal Provisions) |
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| (1) | In cases where a representative, agent, employee or other workers of a juristic person commits an offense as referred to in Articles 96 through 99 with respect to business of such juristic person, not only the offender but the juristic person shall also be fined as prescribed in respective Articles: Provided, That this may not apply to cases where the juristic person has paid substantial attention to and supervision of such business, in order to prevent such violation. |
| (2) | In cases where a representative, agent, employee or other workers of an individual commits an offense as referred to in Articles 96 through 99 with respect to the business of such juristic person, not only the offender but the individual shall also be fined as prescribed in respective Articles: Provided, That this shall not apply to cases where the individual has paid substantial attention to and supervision of such business, in order to prevent such violation. |
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| Article 101 (Fines for Negligence) |
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| (1) | Any person who falls under any of the following subparagraphs, shall be sentenced to a fine for negligence not exceeding three million won: |
| 1. | Any person who has occupied and used roads beyond the area permitted as referred to in Article 38 (1); |
| 2. | Any person who has temporary piled goods, etc. on any road without obtaining permission for occupation and use of roads as referred to in Article 38 (1); |
| 3. | Any person who has failed to submit a completed drawing as referred to in the proviso to Article 38 (3) or submitted a drawing differing from the actual drawing; and |
| 4. | Any person who has implemented excavation works without the supervision of a manager as referred to in Article 38 (5). |
| (2) | Any person who falls under any of the following subparagraphs, shall be sentenced to a fine for negligence not exceeding five hundred thousand won: |
| 1. | Any person who has failed to report on succession as referred to in Article 4 (2); |
| 2. | Any person who has failed to obtain verification as referred to in Article 38 (3); and |
| 3. | Any person who has failed to obtain the examination of reinstatement of roads to the original state of roads as referred to in Article 43. |
| (3) | A fine for negligence as referred to in paragraphs (1) and (2) shall be imposed and collected by a management agency of such roads, as prescribed by Presidential Decree. |
| (4) | Any person dissatisfied with the disposition of a fine for negligence as referred to in paragraph (3), may raise an objection against a management agency within thirty days after the date on which the disposition is received. |
| (5) | If a person who receives the disposition of a fine for negligence as referred to in paragraph (3), raises an objection under paragraph (4), a management agency without delay shall notify it to the competent court, which shall, upon receiving the notification, bring cases of a fine for negligence to trial under the Non-Contentious Case Litigation Procedure Act. |
| (6) | If neither objection is raised, nor a fine for negligence paid, within the period as referred to in paragraph (4), it shall be collected in accordance with the precedents of dispositions of national or local taxes in arrears. |
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| Article 102 (Acting for Authority) |
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Any person acting for the authority of a management agency under Article 35, shall be considered as a management agency for the purpose of this Chapter.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, the amended provisions of Article 9 (83) of the Addenda, Article 56 (2), Article 25 (1) 14, Article 9 (2) of the Addenda, Article 25 (1) 2 and Article 9 (97) of the Addenda, Article 9 (16) of the Addenda, Article 9 (99) of the Addenda, Article 9 (94) of the Addenda, and Article 9 (95), (96) and (98) of the Addenda shall enter into force on April 7, 2008, April 18, 2008, May 26, 2008, June 8, 2008, June 28, 2008, July 28, August 4, 2008, September 22, 2008, and December 28, 2008, respectively.
Article 2 (Transitional Measures concerning Enforcement Date)
Article 3 (Transitional Measures on Permission for Occupation and Use of Roads)
In cases where permission for occupation and use of roads has been obtained or applied for under the former provisions before June 1, 1993, the enforcement date of amendments to the Road Act (Act No. 5894), the former provisions shall apply, notwithstanding the amended provisions of Articles 40 (3), 45 (2) and 54-6. Article 4 (Transitional Measures concerning Abolition of Toll Collection)
| (1) | In cases where a public announcement on toll road works has been made within six months from the date on which the amended provisions of the Road Act, Act No. 5894 (hereafter referred to as the "said Act" in this Article) enters into force, in order to impose tolls on bridges, etc. under construction as of August 9, 1999, the enforcement date of the said Act, such roads shall be deemed toll roads under the Toll Road Act, notwithstanding the main sentence of Article 6 (1) of the Toll Road Act at the time when the said Act requiring a public announcement on toll road works has been in effect. |
| (2) | Bridges, etc. for which tolls are collected under the previous Articles 35 and 36 at the time when this Act enters into force shall be deemed toll roads under the Toll Road Act. |
Article 5 (Transitional Measures concerning Survey or Design of Statefunded Local Highways)
Notwithstanding the amended provisions of Article 24 (3), the former provisions shall apply to the survey or design of State-funded Do road projects being implemented as of July 21, 2004 by the Minister of Construction and Transportation, the enforcement date of the amended provisions of the Road Act, Act No. 7103. Article 6 (Transitional Measures concerning Amount to be Borne by Person Who Brings Damage)
The former provisions shall apply to the amount imposed on a person who inflicts damage as of March 29, 2007, the enforcement date of the amended provisions of the Road Act, Act No. 8124. Article 7 (General Transitional Measures concerning Dispositions, etc.)
An act by, or to an administrative agency under the former provisions at the time when this Act enters into force shall be deemed an act by, or with regard to an administrative agency under this Act.
Article 8 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The former provisions shall apply to violations committed before this Act enters into force, in the application of provisions on penal provisions or fines for negligence.
Article 9 Omitted.
Article 10 (Relations with Other Acts or Subordinate Statutes)
In cases where another Act or subordinate state has cited the former Road Act the provisions thereof at the time this Act enters into force, if provisions corresponding there to exist in this Act, this Act or the provisions corresponding thereto shall be deemed cited in lieu of the former provisions.
Last updated : 2009-07-26