Act On The Support And Promotion Of Utilization Of Mass Transit System Act


Published: 2010-03-22

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to provide for matters necessary to systematically cultivate and support public transportation and encourage the people to use public transportation so as to enhance the convenience of transportation for the people and the efficiency of transportation systems.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows: <Amended by Act No. 8852, Feb. 29, 2008>
1. The term "public transportation" means a transportation system established by means of public transportation and public transportation facilities under this Act;
2. The term "means of public transportation" means a transportation means falling under any of the following items, which is used to transport people in large numbers according to a specific route and operation schedule:
(a) Passenger automobiles used for route passenger transportation business under Article 3 (1) 1 of the Passenger Transport Service Act (hereinafter referred to as "route bus");
(b) Carriages belonging to the urban railroads under subparagraph 1 of Article 3 of the Urban Railroad Act;
(c) Railroad trains for the transportation of passengers from among the railroad trains under subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development;
(d) Other transportation means determined by Presidential Decree;
3. The term "public transportation facilities" means facilities or structures falling under any of the following items, which are necessary for the operation of means of public transportation:
(a) Facilities or structures necessary for the smooth operation of route buses, such as bus terminals, bus stops, depots and exclusive bus lanes;
(b) Urban railroad facilities under subparagraph 1 of Article 3 of the Urban Railroad Act, excluding carriages;
(c) Railroad facilities under subparagraph 2 of Article 3 of the Framework Act on Railroad Industry Development;
(d) Transit facilities under subparagraph 3 of Article 2 of the Urban Traffic Improvement Promotion Act (hereinafter referred to as "transit facilities");
(e) Other facilities and structures determined by Presidential Decree, which are associated with the operation of means of public transportation;
4. The term "public transportation operator" means a person falling under any of the following items who operates a means of public transportation, or runs or manages a public transportation facility:
(a) A person who has received a license, permit, authorization, entrustment, etc. or completed registration, reporting, etc. for a business for means of public transportation or public transportation facilities under the Passenger Transport Service Act, the Urban Railroad Act and other Acts;
(b) A corporation established under the Framework Act on Railroad Industry Development and other relevant Acts for the operation of means of public transportation or the running or management of public transportation facilities;
5. The term "stream-lined bus transit system" means a transportation system to operate buses rapidly with exclusive bus lanes, convenient transit facilities, preferential passes for buses in the crossroad and other matters determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
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 Article 3 (Duties of State, etc.)   print
(1) The State and local governments shall formulate and enforce policies for the matters in each of the following subparagraphs to cultivate and support public transportation to enable all citizens to use public transportation conveniently and safely:
1. Dissemination of diverse and new means of transportation, expansion of facilities and equipment, and strengthening of support for the improvement of public transportation services;
2. Improvement of public transportation services to span a wide area;
3. Development and dissemination of environment-friendly means of public transportation;
4. Enhancement of convenience in transits between means of public transportation;
5. Strengthening of public transportation services in development promotion districts under the Balanced Regional Development and Support for Local Small and Medium Enterprises Act;
6. Strengthening of public transportation services in inland areas, islands, secluded areas and other areas;
7. Provision of information necessary for the use of public transportation;
8. Other matters determined by Presidential Decree to cultivate and encourage the use of public transportation.
(2) Every public transportation operator shall cooperate in the public transportation policies of the State or local governments and make efforts to improve services so as to enable citizens to use public transportation conveniently and safely.
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 Article 4 (Rights and Duties of Citizens)   print
(1) No citizen shall be discriminated against on unfair grounds in the provision of public transportation services and shall have a right to use public transportation conveniently and safely.
(2) Every citizen shall cooperate in the public transportation policies of the State and local governments and use public transportation in a manner that conforms to public safety and interests.
CHAPTER II FORMULATION OF PUBLIC TRANSPORTATION MASTER PLAN, ETC.
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 Article 5 (Formulation of Master Plan for Public Transportation)   print
(1) The Minister of Land, Transport and Maritime Affairs shall formulate a master plan for public transportation (hereinafter referred to as "master plan") every five years, listening to the opinions of the Special Metropolitan City Mayor, Metropolitan City Mayors and Do Governors (hereinafter referred to as "Mayors/Do Governors") to cultivate and support public transportation and encourage citizens to use public transportation. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9869, Dec. 29, 2009>
(2) Master plans shall include the matters in each of the following subparagraphs:
1. Current state and outlook of public transportation;
2. Basic directions for and objectives of public transportation policies;
3. Current state and target of rate of public transportation volume share;
4. Matters concerning the improvement and expansion of public transportation facilities and means of public transportation;
5. Matters concerning the provision of public transportation use information and public transportation informatization;
6. Current state of means of public transportation operating on unprofitable routes, adjustment of future operation and directions for support;
7. Matters concerning the encouragement of car owners to use public transportation;
8. Matters concerning the improvement of connectivity between the use of bicycles and the use of public transportation;
9. Matters concerning the enhancement of convenience of use of public transportation for residents of agricultural and fishing villages and secluded areas;
10. Measures for financing necessary for the promotion of master plans;
11. Other matters determined by Presidential Decree for the improvement of, encouragement of use of, etc. public transportation services.
(3) The Minister of Land, Transport and Maritime Affairs may demand the submission of material necessary for the formulation of master plans from the heads of the relevant administrative organs of the central government, Mayors/Do Governors and public transportation operators to collect basic data necessary for the formulation of master plans. In such cases, the heads of the relevant administrative organs of the central government, Mayors/Do Governors and public transportation operators shall comply with such demands, unless they have any special cause that prevents them from doing so. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 6 (Settlement of Master Plans, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall settle master plans through deliberation by the National Transport Committee under Article 106 of the National Transport System Efficiency Act (hereinafter referred to as the "National Transport Committee"). The same shall apply to cases of altering settled master plans: Provided, That the same shall not apply to cases of altering minor matters determined by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9045, Mar. 28, 2008; Act No. 9064, Mar. 28, 2008; Act No. 9071, Mar. 28, 2008; Act No. 9772, Jun. 9, 2009>
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to settle or alter a master plan pursuant to paragraph (1), listen to the opinions of relevant experts, etc. prior to the deliberation of the National Transport Committee: Provided, That the same shall not apply to minor alterations determined by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9772, Jun. 9, 2009>
(3) The Minister of Land, Transport and Maritime Affairs shall announce master plans settled or altered pursuant to paragraph (1) under the conditions prescribed by Presidential Decree and notify the heads of the relevant administrative organs of the central government and Mayors/Do Governors thereof. In such cases, the Mayors/Do Governors shall forward relevant documents to the heads of the competent Sis/Guns/Gus for public inspection. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 7 (Formulation of Local Public Transportation Plan)   print
(1) Every Special Metropolitan City Mayor, Metropolitan City Mayor, the head of every Si (hereinafter referred to as "City Mayor") or the head of every Gun (excluding the heads of Guns located in Metropolitan Cities; hereinafter the same shall apply) shall formulate a local public transportation plan (hereinafter referred to as "local public transportation plan") every five years, listening to the opinions of residents and relevant experts under the conditions prescribed by Presidential Decree to cultivate and support public transportation in the local area concerned systematically and encourage residents to use public transportation in accordance with master plans.
(2) When a City Mayor or the head of a Gun formulates a local public transportation plan, he/she shall consult with the heads of relevant public transportation facility management offices and the heads of adjacent Sis or Guns concerned.
(3) Every Special Metropolitan City Mayor or Metropolitan City Mayor shall, when he/she intends to formulate a local public transportation plan, undergo deliberation by the local transport committee under Article 110 of the National Transport System Efficiency Act (hereinafter referred to as "local transport committee"). <Amended by Act No. 9045, Mar. 28, 2008; Act No. 9064, Mar. 28, 2008; Act No. 9071, Mar. 28, 2008; Act No. 9772, Jun. 9, 2009>
(4) When a City Mayor or the head of a Gun proposes a local public transportation plan pursuant to paragraphs (2) and (3), every Special Metropolitan City Mayor or Metropolitan City Mayor shall submit the local public transportation plan proposal to the Minister of Land, Transport and Maritime Affairs and every City Mayor (excluding Special Metropolitan City Mayors and Metropolitan City Mayors) or the head of every Gun to the Do Governor concerned under the conditions prescribed by Presidential Decree prior to settling the relevant local public transportation plan. <Amended by Act No. 8852, Feb. 29, 2008>
(5) When the Minister of Land, Transport and Maritime Affairs or every Do Governor receives a local public transportation plan proposal pursuant to paragraph (4), he/she may, if he/she deems that the local public transportation plan proposal contains matters in discord with master plans or matters considered to be necessary for maintaining connection between and integration of local public transportation plans after examining its conformity with master plans, etc., request the relevant City Mayor or the head of the relevant Gun to alter the local public transportation plan proposal through deliberation by the National Transport Committee or the relevant local transport committee. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9772, Jun. 9, 2009>
(6) Every City Mayor or the head of every Gun shall, when he/she receives the request under paragraph (5), settle or announce the local public transportation plan through accepting such request, unless he/she has any special cause that prevents him/her from doing so, and make it available for public inspection.
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 Article 8 (Formulation of Annual Action Plans)   print
(1) Each City Mayor and the head of each Gun shall formulate annual action plans to execute a local public transportation plan.
(2) Necessary matters concerning the formulation, alteration, execution, etc. of annual action plans under paragraph (1) shall be determined by Presidential Decree.
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 Article 9 (Inclusion of Matters on Public Transportation Facilities in Development Project Plans)   print
(1) Any person who formulates or carries out plans for large-scale development projects, such as urban development, construction of industrial complexes, development of tourism complexes, construction of railways, roads, airports and harbors (hereafter referred to as "development project plan" in this Article) shall, when he/she formulates such development project plans, include matters concerning public transportation facilities therein in accordance with facility standards determined by Presidential Decree.
(2) Details on the subject matter of development projects in which matters concerning public transportation facilities are to be considered pursuant to paragraph (1) and the scope thereof shall be determined by Presidential Decree.
(3) The head of each relevant administrative organ of the government that grants authorization, approval, etc. for the development project plans under paragraph (1) shall confirm whether the matters concerning public transportation facilities under paragraph (1) are included in the relevant development project plans.
CHAPTER III ENCOURAGEMENT OF USE AND SUPPORT OF PUBLIC TRANSPORTATION
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 Article 10 (Measure for Preferential Passes for Means of Public Transportation)   print
(1) Each City Mayor and the head of each Gun shall, when he/she deems necessary to encourage the use of public transportation and secure a smooth flow of traffic, take the measures in each of the following subparagraphs through consultation with the relevant administrative organs of the government for preferential passes for route buses and other means of public transportation:
1. Establishment of a stream-lined bus transit system;
2. Turning junctions into interchanges, such as an overpass or an underground passage;
3. Establishment of a route bus-centered intelligent transportation system;
4. Other measures determined by Presidential Decree to enable preferential passes for means of public transportation.
(2) The Minister of Land, Transport and Maritime Affairs may, when he/she deems necessary to secure preferential passes for and smooth traveling of means of public transportation on a highway, request the Commissioner General of the National Police Agency to install exclusive bus lanes. In such cases, the Commissioner General of the National Police Agency who receives such request shall comply therewith, unless he/she has any special cause that prevents him/her from doing so. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 10-2 (Formulation of Master Plan for National Interoperation of Transportation Cards)   print
(1) The Minister of Land, Transport and Maritime Affairs shall formulate a master plan for the national interoperation of transportation cards (hereinafter referred to as "master plan for national interoperation") to enable cards or other media (hereinafter referred to as "transportation card") interoperable anywhere in Korea, with which citizens electronically pay or settle transportation fares when they use means of public transportation.
(2) The master plan for national interoperation shall include the matters in each of the following subparagraphs:
1. General conditions, such as the actual condition of use and relations in use by regions;
2. Policy directions for national interoperation;
3. Details of major projects for national interoperation and directions for the promotion thereof;
4. Estimated expenses to be incurred in major projects for national interoperation, financing measures and investment plan;
5. Matters concerning the performance of pilot projects for national interoperation;
6. Other matters necessary for the interoperation of transportation cards.
(3) The provisions of Article 6 (1) through (3) shall apply mutatis mutandis to the settlement or alteration of the master plan for national interoperation.
[This Article Newly Inserted by Act Nos. 9045&9064&9071, Mar. 28, 2008]
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 Article 10-3 (Formulation of Regional Plan for National Interoperation of Transportation Cards)   print
(1) Every City Mayor or the head of each Gun shall formulate a regional action plan for the national interoperation of transportation cards (hereinafter referred to as "regional plan for national interoperation") for the administrative district concerned in accordance with the master plan for national interoperation.
(2) When a City Mayor or the head of a Gun proposes a regional plan for national interoperation pursuant to paragraph (1), Special Metropolitan City Mayors and Metropolitan City Mayors shall submit it to the Minister of Land, Transport and Maritime Affairs and other City Mayors and the heads of Guns to Do Governors for approval. In such cases, the Minister of Land, Transport and Maritime Affairs and every Do Governor may, when he/she deems that the whole or part of the matters of the proposal is in discord with the master plan for national interoperation or necessary for maintaining inter-regional linkage and regional integration, order to supplement the matters of such proposal.
(3) Every City Mayor or the head of each Gun shall, when he/she obtains the approval under paragraph (2), make it available for public inspection.
(4) The provisions of Article 7 (2) and (3) shall apply mutatis mutandis to the formulation of regional plans for national interoperation.
[This Article Newly Inserted by Act Nos. 9045&9064&9071, Mar. 28, 2008]
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 Article 10-4 (Formulation of Specific Area Plan for National Interoperation of Transportation Cards)   print
(1) The Minister of Land, Transport and Maritime Affairs shall formulate a specific area plan for the national interoperation of transportation cards (hereinafter referred to as "specific area plan for national interoperation") in accordance with the master plan for national interoperation to enable transportation cards used for means of public transportation, the operational scope of which is not limited to the administrative district of a specific Metropolitan City/Do, such as railways and intercity buses or transportation cards used for national highways to be interoperable nationwide. In such cases, the Minister of Land, Transport and Maritime Affairs may utilize the plan proposals that he/she receives from the companies, institutions, etc. that run or manage means of public transportation and national highways.
(2) The provisions of Article 6 (1) through (3) and Article 10-2 (2) shall apply mutatis mutandis to the formulation or alteration of the specific area plan for national interoperation.
[This Article Newly Inserted by Act Nos. 9045&9064&9071, Mar. 28, 2008]
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 Article 10-5 (Duty of Public Transportation Operators, etc. to Install and Operate Nationwide Interoperable Transportation Cards)   print
Any of the following persons shall install and operate relevant apparatuses, such as a PDA (personal digital assistant) necessary to pay and settle fares by means of nationwide interoperable transportation cards on means of public transportation, transportation facilities, etc. under the conditions prescribed by the master plan for national interoperation, regional plan for national interoperation and specific area plan for national interoperation under Articles 10-2 through 10-4: <Amended by Act No. 10158, Mar. 22, 2010>
1. An urban railroad business operator under subparagraph 7 of Article 3 of the Urban Railroad Act;
2. A passenger transport business operator licensed under Article 4 of the Passenger Transport Service Act and a bus terminal business operator licensed under Article 36 of the same Act;
3. A railroad enterprise operator under subparagraph 8 of Article 2 of the Railroad Enterprise Act;
4. A person holding the right to manage toll roads under Article 10 (2) of the Toll Road Act, such as the Korea Expressway Corporation under the Korea Expressway Corporation Act.
[This Article Newly Inserted by Act Nos. 9045&9064&9071, Mar. 28, 2008]
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 Article 10-6 (Measures against Nonfulfillment of Duty of National Interoperation of Transportation Cards)   print
With respect to public transportation operators who fail to fulfill the duty under Article 10-5, the State or each local government may restrict the financial support under subparagraph 4 of Article 12 in whole or in part under the conditions prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9045&9064&9071, Mar. 28, 2008]
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 Article 10-7 (Certification of Nationwide Interoperable Transportation Cards, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall conduct duties concerning certification necessary to ensure the national interoperability of relevant apparatuses, such as transportation cards and PDAs installed and operated by public transportation operators, etc. pursuant to Article 10-5.
(2) The Minister of Land, Transport and Maritime Affairs may, for the efficient promotion of the duties concerning certification under paragraph (1), designate an institution or organization having the manpower and apparatuses determined by Presidential Decree to have it conduct such duties on his/her behalf. In such cases, such agency may receive the minimum funding necessary to conduct such duties from those who have transportation cards, PDAs and other relevant apparatuses certified under the conditions announced by the Minister of Land, Transport and Maritime Affairs.
[This Article Newly Inserted by Act No. 9045&9064&9071, Mar. 28, 2008]
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 Article 11 (Support for Restructuring of Route Passenger Transportation Businesses, etc.)   print
(1) The State or every local government may, when a public transportation operator who runs a route passenger transportation business under Article 3 (1) 1 of the Passenger Transport Service Act (hereinafter referred to as "route passenger transportation business operator") undergoes restructuring by means of merger, division, merger through division, business transfer, etc. or makes efforts for the improvement of business management, provide him/her with necessary support, such as financial support.
(2) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may, when he/she deems necessary to provide the support under paragraph (1), have route passenger transportation business operators submit a plan for restructuring or improvement of business management. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may, when he/she deems the route passenger transportation businesses requires restructuring as a result of assessing the business management and services of public transportation operators under Article 18, recommend restructuring to the route passenger transportation business operators. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 12 (Financial Support for Cultivation of Public Transportation)   print
The State or each local government may provide subsidies or loans to local governments or public transportation operators for funds necessary for a project falling under any of the following subparagraphs in whole or in part under the conditions prescribed by Presidential Decree in order to cultivate and encourage the use of public transportation: <Amended by Act No. 9045, Mar. 28, 2008; Act No. 9064, Mar. 28, 2008; Act No. 9071, Mar. 28, 2008>
1. Measures for preferential passes for means of public transportation under Article 10;
2. Enhancement of the quality and diversification of means of public transportation, such as introduction of low floor buses;
3. Expansion and improvement of public transportation facilities, such as transit facilities;
4. Installation and operation of nationwide interoperable transportation cards under Article 10-5;
5. Other businesses determined by Presidential Decree to cultivate and encourage the use of public transportation.
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 Article 13 (Designation and Support of Public Transportation Model City)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if necessary to encourage the use of public transportation by systematically cultivating public transportation and create unique and sustainable public transportation-centered cities, designate public transportation model cities (hereafter referred to as "model city" in this Article) directly or at the request of Mayors/Do Governors. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs may provide financial support under Article 12 or other necessary support to model cities designated pursuant to paragraph (1). <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may request relevant Mayors/Do Governors to submit material necessary for the designation and support of model cities. <Amended by Act No. 8852, Feb. 29, 2008>
(4) Necessary matters concerning the criteria and procedure for, method of, etc. designation of model cities shall be determined by Presidential Decree.
(5) The Minister of Land, Transport and Maritime Affairs may, when a model city designated pursuant to paragraph (1) ceases to meet the criteria for designation under paragraph (4), cancel the designation thereof. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 14 (Reduction and Exemption of Charges, etc.)   print
The State and local governments may, when necessary for the cultivation of public transportation, reduce or exempt the development charges, alternative forestry resources charges, farmland preservation charges and alternative grassland charges under the conditions prescribed by the Restitution of Development Gains Act, the Management of Mountainous Districts Act, the Farmland Act and the Grassland Act, respectively to public transportation facilities that are passenger car terminals under subparagraph 5 of Article 2 of the Passenger Transport Service Act and depots make available to the route passenger transportation businesses under Article 3 (1) 1 of the same Act, which are public depots installed by the heads of local governments. <Amended by Act No. 9045, Mar. 28, 2008; Act No. 9064, Mar. 28, 2008; Act No. 9071, Mar. 28, 2008>
CHAPTER IV RESEARCH AND SURVEY, AND ASSESSMENT OF PUBLIC TRANSPORTATION
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 Article 15 (Promotion of Public Transportation Technology Research and Development Projects)   print
The Minister of Land, Transport and Maritime Affairs shall promote the public transportation technology research and development projects determined by Presidential Decree for the development of public transportation by reflecting them in the national transportation technology development plan under Article 94 of the National Transport System Efficiency Act. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9772, Jun. 9, 2009>
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 Article 16 (Survey of Current State of Public Transportation)   print
(1) The Minister of Land, Transport and Maritime Affairs shall survey the matters in each of the following subparagraphs under the conditions prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs to utilize the result of the survey as basic data necessary for the effective establishment of policies for the cultivation and support of public transportation: <Amended by Act No. 8852, Feb. 29, 2008>
1. Social and economic indices concerning public transportation;
2. Conditions of business management of public transportation business operators;
3. Current state of means of public transportation and public transportation facilities;
4. Actual status of use of public transportation;
5. Current state of traffic by type of car and operating speed of means of public transportation by time and by road;
6. Other matters necessary for the improvement of public transportation.
(2) The Minister of Land, Transport and Maritime Affairs may request the relevant administrative organs of the government and public transportation business operators to submit necessary data or provide support for the survey under paragraph (1). In such cases, the relevant administrative organs of the government or public transportation business operators that receive such request shall comply with such request, unless they have any special cause that prevents them from doing so. <Amended by Act No. 8852, Feb. 29, 2008>
(3) The Minister of Land, Transport and Maritime Affairs may, when he/she deems necessary for efficiently conducting the survey under paragraph (1), entrust a survey on the whole or part of the matters in each subparagraph of paragraph (1) to an institution or organization, the primary duty of which concerns transportation under the conditions prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 17 (Assessment of Public Transportation Policies)   print
(1) The Minister of Land, Transport and Maritime Affairs may assess public transportation policies executed by local governments for the smooth flow of urban transportation and enhancement of convenience of transportation (hereinafter referred to as "public transportation policies"). <Amended by Act No. 8852, Feb. 29, 2008>
(2) With respect to local governments that achieve an outstanding result by assessing their public transportation policies under paragraph (1), the State may, when such local governments conduct a business falling under any of the subparagraphs of Article 12, preferentially provide them with financial support under the conditions prescribed by Presidential Decree.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she assesses the public transportation policies of local governments, consider the matters in each of the following subparagraphs: <Amended by Act No. 8852, Feb. 29, 2008>
1. Formulation and performance of local public transportation plans and annual action plans;
2. Rate of public transportation volume share;
3. Expansion and improvement of public transportation facilities;
4. Connection between means of public transportation and connection between means of public transportation and public transportation facilities;
5. Public transportation informatization;
6. Level of public transportation services;
7. Reinforcement of competitiveness of public transportation;
8. Other matters determined by Presidential Decree to cultivate and encourage the use of public transportation.
(4) The Minister of Land, Transport and Maritime Affairs may demand the submission of data necessary for the assessment of public transportation policies from the relevant administrative organs of the central government and heads of local governments. In such cases, the relevant administrative organs of the central government and the heads of local governments shall comply with such demand, unless they have any special cause that prevents them from doing so. <Amended by Act No. 8852, Feb. 29, 2008>
(5) The Minister of Land, Transport and Maritime Affairs shall, when he/she assesses the matters in each subparagraph of paragraph (3), do so by the categories of details of public transportation policy, actual results and future public transportation policy. <Amended by Act No. 8852, Feb. 29, 2008>
(6) Necessary matters concerning the detailed criteria for, method of, procedure for, etc. the assessment of public transportation policies shall be determined by Presidential Decree.
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 Article 18 (Business Management and Service Assessment of Public Transportation Business Operators)   print
(1) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may assess the state of business management of public transportation business operators and services provided by public transportation business operators to systematically support and cultivate public transportation and improve public transportation services. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may, after conducting a business management and service assessment under paragraph (1), announce the results of the assessment (excluding the results of assessment of business management) under the conditions prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) With respect to those who have achieved an outstanding result by conducting a business management and service assessment under paragraph (1), the Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may give a prize under the conditions prescribed by Presidential Decree and preferentially provide financial support, etc. under Article 12. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may demand the submission of data necessary for a business management and service assessment under paragraph (1) from public transportation business operators. <Amended by Act No. 8852, Feb. 29, 2008>
(5) Necessary matters concerning details on the subject matter of, criteria for, method of, procedure for, etc. a business management and service assessment conducted by the Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors pursuant to paragraph (1) shall be determined by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 19 (Vicarious Execution of Duty of Assessment)   print
The Minister of Land, Transport and Maritime Affairs may, when necessary to efficiently conduct the duties in each of the following subparagraphs, have an institution or organization, the primary duty of which concerns transportation conduct for the whole or part of the duties on his/her behalf under the conditions prescribed by Presidential Decree: <Amended by Act No. 8852, Feb. 29, 2008>
1. Assessment of public transportation policies under Article 17 (1);
2. Assessment of business management and services of public transportation business operators under Article 18 (1).
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 Article 20 (Legal Fiction of Public Officials in Application of Penal Provisions)   print
In the application of punishment under Articles 129 through 132 of the Criminal Act, the executives or employees of institutions or organizations vicariously conducting the duties of the Minister of Land, Transport and Maritime Affairs pursuant to Article 19 shall, when they conduct the duty of assessment under each subparagraph of Article 19, be considered as a public official. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 21 (Use of Subsidies, etc.)   print
(1) The head of each local government shall, when the projects under each subparagraph of Article 12 are carried out as state-subsidized projects, earmark the amount of the local government's charges for such projects in the local government's budget for the year concerned in preference to other projects.
(2) No local government or public transportation business operator that is provided with subsidies or loans under this Act shall use such funds for purposes other than the purposes for which it or he/she is provided with such subsidies or loans.
(3) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor shall oversee public transportation operators provided with subsidies or loans under this Act to ensure they use such funds properly. <Amended by Act No. 8852, Feb. 29, 2008>
(4) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor shall, when a public transportation operator is delivered subsidies or loans by false or other unjust methods or uses subsidies or loans for purposes other than the purposes of such funds, order the public transportation operator to return all or some of such subsidies or loans and may, when the public transportation operator fails to comply with such order, collect them in accordance with the precedents of dispositions taken to collect national taxes or local taxes in arrears. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 22 (Reporting, Inspection, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may, when he/she deems necessary for oversight under Article 21 (3), order public transportation operators to make a report on matters concerning the possession or use of means of public transportation and public transportation facilities concerned with the use of funds or submit documents. <Amended by Act No. 8852, Feb. 29, 2008>
(2) The Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor may, when he/she deems necessary, have public officials under his/her control inspect the books, documents and other things of public transportation operators or ask questions to relevant persons. <Amended by Act No. 8852, Feb. 29, 2008>
(3) In cases of paragraph (2), such public officials shall carry a certificate that indicates their authority and present it to relevant persons.
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 Article 23 (Delegation of Authorities)   print
The Minister of Land, Transport and Maritime Affairs may delegate part of his/her authorities under this Act to Mayors/Do Governors under the conditions prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
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 Article 24 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be punished by a fine for negligence not exceeding five million won:
1. A person who fails to report or submit documents under Article 22 (1) or makes such report or submits such documents by falsehood;
2. A person who refuses an inspection or questioning under Article 22 (2) or interferes with or evades such inspection or questioning.
(2) The fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors under the conditions prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008>
(3) Any person that is dissatisfied with a disposition of imposition of the fine for negligence under paragraph (2) may raise an objection to the Minister of Land, Transport and Maritime Affairs or Mayors/Do Governors within 30 days from the date on which he/she receives a notice of such disposition. <Amended by Act No. 8852, Feb. 29, 2008>
(4) When a person subject to a disposition of imposition of the fine for negligence under paragraph (2) raises an objection pursuant to paragraph (3), the Minister of Land, Transport and Maritime Affairs or each Mayor/Do Governor shall notify the competent court of such fact without delay, and the competent court notified of such fact shall render a judgment on the fine for negligence under the Non-Contentious Case Litigation Procedure Act. <Amended by Act No. 8852, Feb. 29, 2008>
(5) When no objection is raised within the period referred to in paragraph (3) and no fine for negligence is paid, the fine for negligence shall be collected in accordance with the precedents of dispositions taken to collect national taxes or local taxes in arrears.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after its promulgation.
(2) (Transitional Measure for Formulation of First Master Plan, etc.) The first master plan to be formulated after this Act enters into force shall be formulated and announced six months prior to the commencement of its planning period commencing in the year after the year immediately following the year in which this Act enters into force, and the first regional public transportation plan shall be formulated and announced before the planning period of the first master plan commences.
ADDENDA<Act No. 7604, Jul. 21, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 9045, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force three months after its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM<Act No. 9064, Mar. 28, 2008>
This Act shall enter into force six months after its promulgation.
ADDENDA<Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009.
Articles 2 through 11 Omitted.
ADDENDA<Act No. 9772, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 9869, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10158, Mar. 22, 2010>
This Act shall enter into force on the date of its promulgation.