CHAPTER I GENERAL PROVISIONS
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| Article 1 (Purpose) |
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The purpose of this Act is to contribute to the enhancement of public welfare by providing for matters necessary to ensure railroad safety and establishing railroad safety control systems.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 2 (Definitions) |
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The terms used in this Act shall be defined as follows:
| 3. |
The term "railroad facilities" means railroad facilities under subparagraph 2 of Article 3 of the Framework Act; |
| 4. |
The term "railroad operation" means railroad operation under subparagraph 3 of Article 3 of the Framework Act; |
| 5. |
The term "rolling stock" means rolling stock under subparagraph 4 of Article 3 of the Framework Act; |
| 6. |
The term "train" means rolling stock organized and allocated a train number by a railroad operator for the purpose of operating railway tracks; |
| 7. |
The term "railway track" means facilities consisting of track for operating rolling stock, and the track bed or an artificial structure that supports such track; |
| 8. |
The term "railroad operator" means a person conducting duties concerning railroad operation; |
| 9. |
The term "railroad facilities manager" means a person conducting duties concerning the construction or management of railroad facilities; |
| 10. |
The term "railroad worker" means any of the following persons: |
| (a) |
A person engaging in driving rolling stock (hereinafter referred to as "driver"); |
| (b) |
A person engaging in the central management, control and monitoring of operation (hereinafter referred to as "traffic control") of rolling stock; |
| (c) |
A person providing passengers with services aboard a train or at a station; |
| (d) |
Other persons prescribed by Presidential Decree to be engaged in the safe operation or maintenance of order of rolling stock with respect to railroad operation and railroad facilities management; |
| 11. |
The term "railroad accident" means an accident that causes casualties or damage to goods with respect to railroad operation or railroad facilities management; |
| 12. |
The term "operational failure" means incidents that lead to disruption of the operation of rolling stock, which do not fall under railroad accidents. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 3 (Relations with other Acts) |
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Except as otherwise provided in other Acts, matters concerning railroad safety shall be governed by this Act.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 4 (Responsibilities of State, etc.) |
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| (1) |
The State and local governments shall prepare and faithfully implement railroad safety measures to protect the lives, bodies and property of the people. |
| (2) |
A railroad operator and railroad facilities manager (hereinafter referred to as "railroad operator, etc.") shall, when operating railroad or managing railroad facilities, take measures necessary for railroad safety as prescribed by Acts and subordinate statutes, and actively cooperate in the railroad safety measures taken by the State or local governments. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER II RAILROAD SAFETY CONTROL SYSTEM
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| Article 5 (Comprehensive Railroad Safety Plan) |
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| (1) |
The Minister of Land, Infrastructure and Transport shall establish a comprehensive plan for railroad safety (hereinafter referred to as "comprehensive railroad safety plan") every five years. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The comprehensive railroad safety plan shall include the following matters: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Objectives and directions of promotion of the comprehensive railroad safety plan; |
| 2. |
Matters concerning the expansion, improvement, checking, etc. of the facilities related to railroad safety; |
| 3. |
Matters concerning the maintenance, checking, etc. of rolling stock; |
| 4. |
Matters concerning the improvement of systems, such as the amendment of railroad safety-related legislation; |
| 5. |
Matters concerning the fostering of and control of supply and demand of railroad safety-related experts; |
| 6. |
Matters concerning railroad safety-related education and training; |
| 7. |
Matters concerning railroad safety-related research and technological development; |
| 8. |
Other matters deemed necessary by the Minister of Land, Infrastructure and Transport as matters concerning railroad safety. |
| (3) |
When the Minister of Land, Infrastructure and Transport establishes a comprehensive railroad safety plan, he/she shall undergo the deliberation of the Railroad Industry Committee referred to in Article 6 (1) of the Framework Act after consultation with the heads of the relevant administrative organs of the central government and railroad operators, etc. The same shall apply where he/she intends to change an established comprehensive railroad safety plan (excluding changes of minor matters prescribed by Presidential Decree). <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Land, Infrastructure and Transport may, when deemed necessary to establish or change a comprehensive railroad safety plan, request the submission of relevant data to the head of a relevant administrative organ of the central government, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor"). The head of each administrative organ of the central government or any Metropolitan City Mayor/Do Governor requested to submit data shall comply with such request unless any special reason exists. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
The Minister of Land, Infrastructure and Transport shall, when establishing or changing a comprehensive railroad safety plan pursuant to paragraph (3), make public notice thereof in the Official Gazette. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 6 (Action Plan) |
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| (1) |
The Minister of Land, Infrastructure and Transport, a Mayor/Do Governor and a railroad operator, etc. shall, according to a comprehensive railroad safety plan, establish and promote an annual action plan (hereinafter referred to as "action plan") necessary for the phased implementation of the comprehensive railroad safety plan by matters in their charge. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for procedures for the establishment and implementation of action plan, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 7 (Safety Control Regulations) |
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| (1) |
A railroad operator, etc. (excluding an operator of an exclusive railroad; hereinafter this shall apply) shall set regulations on railroad safety control (hereinafter referred to as "safety control regulations") as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and obtain the approval from the Minister of Land, Infrastructure and Transport therefor. The same shall apply to changes to approved safety control regulations (excluding changes of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
An operator of an exclusive railroad shall set regulations on the safety control of exclusive railroads, and implement them for the safety control of exclusive railroads. |
| (3) |
The safety control regulations shall include management guidelines, organizational management, management of data and information, safety inspection, safety assessment, facility management and other matters necessary for ensuring railroad safety. |
| (4) |
A railroad operator, etc. shall observe the safety control regulations. |
| (5) |
The Minister of Land, Infrastructure and Transport may order the change of the safety control regulations. In such cases, the railroad operator, etc. upon the receipt of such order for change shall comply with it unless any special ground exists not to do so. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 8 (Contingency Plans) |
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| (1) |
In order to be prepared for the occurrence of a state of emergency in the railway, such as fire, explosion and derailment, a railroad operator, etc. shall establish a contingency plan which includes standard operation procedures to respond to an emergency, emergency response drill, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport (hereinafter referred to as "contingency plan") and obtain the approval from the Minister of Land, Infrastructure and Transport therefor. The same shall apply to changes to approved contingency plans (excluding changes of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport may, when deemed necessary for railroad safety, order the change of the contingency plan. In such cases, the railroad operator, etc. upon the receipt of such order for change shall comply with it unless any special ground exists not to do so. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
An operator of an exclusive railroad shall develop and implement its own contingency plan. |
| (4) |
A railroad operator, etc. shall, when completing an emergency response drill, assess it as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and submit the results thereof to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 9 (Comprehensive Safety Examination) |
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| (1) |
The Minister of Land, Infrastructure and Transport shall comprehensively examine and assess whether a railroad operator, etc. faithfully conducts duties concerning railroad safety in accordance with this Act (hereinafter referred to as "comprehensive safety examination") and, when deemed necessary as a result thereof, may give the order to implement the following measures to improve railroad safety: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Improvement to railroad facilities; |
| 2. |
Improvement to rolling stock; |
| 3. |
Improvement to operational methods; |
| 4. |
Improvement to other duties related to railroad safety as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. |
| (2) |
Upon the receipt of an order for improvement pursuant to paragraph (1), a railroad operator, etc. shall make the improvement without delay and report the results thereof to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Matters necessary for the timing, methods, procedures, etc. for the comprehensive safety examination shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER III SAFETY CONTROL BY RAILROAD WORKERS
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| Article 10 (Rolling Stock Driver's License) |
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| (1) |
A person intending to drive rolling stock shall obtain a rolling stock driver's license from the Minister of Land, Infrastructure and Transport (hereinafter referred to as "driver's license"): Provided, That the foregoing shall not apply to cases prescribed by Presidential Decree, such as the case of driving rolling stock for the education and training under Article 16 or for the driving test referred to in Article 17. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A driver's license shall be obtained for each kind of rolling stock as prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 11 (Causes of Disqualification) |
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No person falling under any of the following subparagraphs shall obtain a driver's license:
| 1. |
A person under 20 years of age; |
| 2. |
A person, suffering a mental illness or epilepsy, who may cause a risk or hindrance in terms of the operation of rolling stock, as prescribed by Presidential Decree; |
| 4. |
A person who has lost the hearing of both ears completely, a person who has lost the sight of both eyes completely, or a person who has other physical disabilities prescribed by Presidential Decree; |
| 5. |
A person for whom two years have not passed since his/her driver's license was cancelled or the validity of driver's license of which is suspended. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 12 (Physical Examination) |
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| (1) |
A person intending to obtain a driver's license shall pass a physical examination administered by the Minister of Land, Infrastructure and Transport to judge whether such person has physical conditions suitable for driving rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport may allow the medical institutions prescribed in Article 13 to conduct the physical examination referred to in paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Matters necessary for the criteria for passing the physical examination referred to in paragraph (1), and the methods, procedures, etc. for the physical examination shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 13 (Medical Institutions for Conducting Physical Examination) |
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| (1) |
The following medical institutions shall conduct the physical examination pursuant to Article 12 (1): |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 14 Deleted. <by Act No. 11476, Jun. 1, 2012> |
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| Article 15 (Aptitude Test) |
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| (1) |
A person intending to obtain a driver's license shall pass an aptitude test administered by the Minister of Land, Infrastructure and Transport to judge whether such person has an aptitude suitable for driving rolling stock. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
No person who has failed the aptitude test referred to in paragraph (1) or cheated during the process of the aptitude test shall be allowed to take the aptitude test referred to in paragraph (1) during the following period: |
| 1. |
A person who has failed the aptitude test: Three months from the date on which the aptitude test was conducted; |
| 2. |
A person who has cheated during the process of the aptitude test: One year from the date on which the aptitude test was conducted. |
| (3) |
Matters necessary for the criteria for passing the aptitude test referred to in paragraph (1), and the methods, procedures, etc. for the aptitude test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Land, Infrastructure and Transport may designate institutions specializing in the aptitude test under paragraph (1) (hereinafter referred to as "aptitude testing institution") and allow them to conduct aptitude tests. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
Matters necessary for the criteria, procedures, etc. for designating aptitude testing institutions shall be prescribed by Presidential Decree. |
| (6) |
Aptitude testing institutions shall neither refuse the duty of aptitude testing without any justifiable reason, nor issue any pass/fail report of the aptitude test by fraud or other unjust means. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 15-2 (Designation Cancellation and Duty Suspension of Aptitude Testing Institutions) |
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| (1) |
When an aptitude testing institution falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the designation of the aptitude testing institution, or may order the suspension of its duty, fixing a period not longer than six months: Provided, That where cases fall under subparagraph 1 or 2, he/she shall cancel the relevant designation: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where an aptitude testing institution has been designated by fraud or other unjust means; |
| 2. |
Where an aptitude testing institution has conducted the duty of aptitude testing during the suspension of duty in violation of an order for suspension of duty; |
| 3. |
Where an aptitude testing institution fails to meet the criteria for designation referred to in Article 15 (5); |
| 4. |
Where an aptitude testing institution has refused the duty of aptitude testing without any justifiable reason in violation of Article 15 (6); |
| 5. |
Where an aptitude testing institution has issued a pass/fail report of the aptitude test by fraud or other unjust means in violation of Article 15 (6); |
| (2) |
Matters necessary for the detailed criteria for the cancellation of designation and suspension of duty under paragraph (1), etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Land, Infrastructure and Transport shall not designate, as an aptitude testing institution, any testing institution established and operated by an aptitude testing institution, the designation of which has been cancelled pursuant to paragraph (1), or by an establisher, operator, or executive officer of such aptitude testing institution within two years from the date on which the designation was cancelled. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11476, Jun. 1, 2012]
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| Article 16 (Education and Training) |
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| (1) |
A person intending to obtain a driver's license shall receive the education and training (hereinafter referred to as "education and training") administered by The Minister of Land, Infrastructure and Transport to acquire the knowledge and abilities necessary for driving rolling stock in a safe manner. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for the period, method, etc. of the education and training shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Land, Infrastructure and Transport may designate institutions specialized in education and training in driving rolling stock (hereinafter referred to as "educational and training institution") and allow them to implement education and training. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
Matters necessary for the criteria, procedures, etc. for designating educational and training institutions shall be prescribed by Presidential Decree. |
| (5) |
Articles 15 (6) and 15-2 shall apply mutatis mutandis to the cancellation of designation and suspension of duty of educational and training institutions. In such cases, the "aptitude testing institution" shall be deemed as "educational and training institution," "duty of aptitude testing" as "duty of education and training," "Article 15 (5)" as "Article 16 (4)," and "pass/fail report of an aptitude test" as "completion certificate of education and training." |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 17 (Driving Test) |
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| (1) |
A person intending to obtain a driver's license shall pass a rolling stock driving test administered by the Minister of Land, Infrastructure and Transport (hereinafter referred to as "driving test"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A person intending to apply for a driving test shall take the education and training after passing the physical examination referred to in Article 12 and the aptitude test referred to in Article 15. |
| (3) |
Matters necessary for the subjects of, procedures for, etc. the driving test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 18 (Issuance, etc. of Driver's License) |
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| (1) |
The Minister of Land, Infrastructure and Transport shall issue a rolling stock driver's license (hereinafter referred to as "driver's license") to those passing the driving test as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
When a person who has obtained a driver's license pursuant to paragraph (1) (hereinafter referred to as "driver's license holder") loses the driver's license or is unable to use the driver's license because it is worn away or there is any change to the matters entered in the driver's license, the person may apply for the re-issue of a driver's license or change of entered matters as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 19 (Renewal of Driver's License) |
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| (1) |
The term of validity of a driver's license shall be five years. |
| (2) |
Any driver's license holder that desires to maintain the validity of his/her driver's license after the term of validity referred to in paragraph (1) shall have his/her driver's license renewed as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport before the term of validity of his/her driver's license terminates. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
When a person applying for the renewal of his/her driver's license pursuant to paragraphs (2) and (5) falls under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport shall renew it and issue a renewed driver's license: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where the person has a record that he/she has engaged in the duty to drive rolling stock prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport within five years from the date proceeding the date on which he/she applies for the renewal of his/her driver's license or the person is deemed to have a record equivalent thereto or above; |
| 2. |
Where the person received education and training prescribed by Ordinance of The Ministry of Land, Infrastructure and Transport. |
| (4) |
When a driver's license holder fails to have his/her driver's license renewed pursuant to paragraph (2), the validity of his/her driver's license shall be suspended from the date following the date on which the term of validity of the relevant driver's license terminates. |
| (5) |
When a person with a driver's license the validity of which is suspended pursuant to paragraph (4) fails to apply for the renewal of the driver's license to have it renewed within a period prescribed by Presidential Decree within a scope not exceeding six months, the validity of the relevant driver's license shall become null and void from the date following the date on which such period terminates. |
| (6) |
The Minister of Land, Infrastructure and Transport shall notify each driver's license holder of matters concerning the renewal of driver's license as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport prior to the termination of the validity of relevant driver's license. <Amended by Act No. 11690, Mar. 23, 2013> |
| (7) |
When a person whose driver's license has become null and void pursuant to paragraph (5) intends to obtain a driver's license again, the Minister of Land, Infrastructure and Transport may exempt him/her from part of driver's license acquisition procedures as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 20 (Cancellation, Suspension, etc. of driver's License) |
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| (1) |
When a driver's license holder falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the relevant driver's license or suspend the validity of the relevant driver's license, fixing a period not exceeding one year: Provided, That when a driver's license holder falls under subparagraphs 1 through 4, he/she shall cancel the driver's license: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where the driver's license holder obtains a driver's license by false or other unjust means; |
| 2. |
Where the driver's license holder falls under subparagraphs 2 through 4 of Article 11; |
| 3. |
Where the driver's license holder drives rolling stock during the suspension of validity of driver's license; |
| 4. |
Where the driver's license holder lends his/her driver's license to another person; |
| 5. |
Where the driver's license holder causes a railroad accident intentionally or by gross negligence while driving rolling stock; |
| 6. |
Where the driver's license holder drives rolling stock under the influence of alcohol or drugs in violation of Article 41 (1); |
| 7. |
Where the driver's license holder fails to comply with the verification or examination administered by the Minister of Land, Infrastructure and Transport even though there is a reasonable ground to recognize that he/she was conducting duties under the influence of alcohol or drugs in violation of Article 41 (2); |
| 8. |
Where the driver's license holder contravenes this Act or any order or disposition issued or imposed under this Act for the safety and protection of railroads and maintenance of order. |
| (2) |
When imposing a disposition of cancellation of driver's license or suspension of validity pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall notify the relevant driver's license holder and railroad operators, etc. employing the driver's license holder of the details thereof as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
A driver's license holder receiving the notice of cancellation of driver's license or suspension of validity referred to in paragraph (2) shall return the driver's license to the Minister of Land, Infrastructure and Transport within 15 days from the date on which he/she receives such notice. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
When a driver's license is returned by a person subject to the suspension of validity of driver's license pursuant to paragraph (3), the Minister of Land, Infrastructure and Transport shall keep and return it as soon as the period of suspension terminates. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
Detailed criteria and procedures for the cancellation of a driver's license or suspension of the validity of a driver's license referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport based on the type and severity of the relevant of violation. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) |
The Minister of Land, Infrastructure and Transport shall keep and manage data on the delivery, renewal, cancellation, etc. of driver's licenses as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 21 (Requirements for Driving) |
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| (1) |
When a driver's license holder intends to drive rolling stock, he/she shall satisfy requirements for driving rolling stock, such as completion of on-the-job training on driving, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
No railroad operator, etc. shall employ any person who failed to satisfy the requirements referred to in paragraph (1) to have the person drive rolling stock. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 22 (Requirements for Conducting Duty of Traffic Control) |
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| (1) |
A person intending to engage in the duty of traffic control shall satisfy requirements for conducting the duty of traffic control, such as completion of professional educational and training programs as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
No railroad operator, etc. shall employ any person who failed to satisfy the requirements referred to in paragraph (1) in order to have the person engage in the duty of traffic control. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 23 (Management of Drivers, etc.) |
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| (1) |
A railroad worker engaging in driving rolling stock, traffic control and other duties prescribed by Presidential Decree shall undergo a physical examination and aptitude test on a regular basis. |
| (2) |
Matters necessary for the timing and method for the physical examination and aptitude test, and the criteria, etc. for passing the physical examination or aptitude test under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
When a railroad worker engaging in the duties prescribed in paragraph (1) fails the physical examination and aptitude test referred to in the same paragraph, no railroad operator, etc. shall have such railroad worker continue to engage in the relevant duties. |
| (4) |
A railroad operator, etc. may conduct the physical examination and aptitude test under paragraph (1) by entrusting them to the medical institutions for conducting the physical examination referred to in Article 13 and the aptitude testing institutions respectively. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 24 (Safety Education for Railroad Workers) |
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| (1) |
A railroad operator, etc. shall provide regular education on railroad safety to the railroad workers that he/she employs. |
| (2) |
Matters necessary for the persons subject to receiving the education to be provided by railroad operators, etc. pursuant to paragraph (1), and the courses, timing, etc. for such education shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
A railroad operator, etc. may provide the eduction under paragraph (1) by entrusting it to educational and training institutions or institutions specialized in safety. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER IV SAFETY MANAGEMENT OF RAILROAD FACILITIES AND ROLLING STOCK
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| Article 25 (Criteria for Safety of Railroad Facilities) |
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| (1) |
A railroad facilities manager shall install railroad facilities in compliance with the criteria for safety prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A railroad facilities manager shall maintain and manage railroad facilities by checking, repairing, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to ensure the compliance with the criteria for safety under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 26 (Criteria for Safety of Rolling Stock) |
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| (1) |
No rolling stock with the structure and equipment prescribed by Presidential Decree shall be operated if it fails to comply with the criteria for safety prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A railroad operator, etc. shall maintain and manage rolling stock by checking, repairing, etc. as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport to ensure the compliance with the criteria for safety under paragraph (1). <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
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| Article 27 (Certification of Quality of Railroad Supplies) |
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| (1) |
In order to secure the good performance and safety of the parts, instruments, equipment, etc. that are used for railroads (hereinafter referred to as "railroad supplies"), the Minister of Land, Infrastructure and Transport may certify the quality of railroad supplies: Provided, That the railroad supplies that fall into the cases prescribed by Presidential Decree, such as the case where an officially recognized testing institution recognized by the Minister of Land, Infrastructure and Transport certifies the quality of railroad supplies may be fully or partially exempted from quality certification procedures. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A person who has obtained a quality certification pursuant to paragraph (1) may affix a marking showing that they are certified products on the products, packings or containers of the railroad supplies the quality of which is certified (including the railroad supplies that are exempted from quality certification procedures in whole or in part in accordance with the proviso to paragraph (1); hereinafter referred to as "certified product") as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Matters necessary for the subjects of, criteria and procedures for, etc. of the quality certification under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Land, Infrastructure and Transport may recommend that a railroad operator preferentially purchase certified products. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 28 (Quality Certification Institution) |
|
| (1) |
The Minister of Land, Infrastructure and Transport may, to efficiently perform the quality certification referred to in Article 27 (1), designate institutions specialized in quality certification (hereinafter referred to as "quality certification institution") to have them perform quality certification. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for the criteria, procedures for, the designation of quality certification institutions and the scope of duties, etc. of the quality certification institutions shall be prescribed by Presidential Decree. |
| (3) |
When a quality certification institution falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the relevant designation or order the suspension of duty, fixing a period not longer than six months: Provided, That where cases fall under subparagraph 1 or 2, he/she shall cancel the designation: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where the quality certification institution obtains designation by false or other unjust means; |
| 2. |
Where the quality certification institution conducts the duty of quality certification during the suspension of duty in violation of an order for suspension of duty; |
| 3. |
Where the quality certification institution fails to conduct the duty of quality certification for a consecutive period one year or more without any justifiable cause; |
| 4. |
Where the quality certification institution fails to meet the criteria for designation referred to in paragraph (2); |
| 5. |
Where the quality certification institution is recognized, as a result of taking the measures specified in each subparagraph of Article 31 (1), to have issued quality certification to railroad supplies that fail to meet the criteria for quality certification intentionally or by gross negligence. |
| (4) |
Matters necessary for the criteria for the cancellation of designation and suspension of duty under paragraph (3), etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 29 (Succession) |
|
| (1) |
The following persons shall succeed to the position of the producer of the certified product as prescribed by Presidential Decree: |
| 1. |
Where a producer of a certified product transfers the business: The transferee; |
| 2. |
Where a producer of a certified product dies: A successor intending to continue to produce the certified product; |
| 3. |
Where a corporation producing a certified product conducts a merger: A corporation that exists after the merger or corporation established through the merger. |
| (2) |
A person succeeding to the position of a producer of a certified product pursuant to paragraph (1) shall report it to the quality certification institution within one month from the date of succession. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 30 (Prohibition of Illegal Acts, etc.) |
|
No one shall affix a quality certification marking or any marking similar thereto on railroad supplies not certified.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 31 (Post-Management of Quality Certification) |
|
| (1) |
The Minister of Land, Infrastructure and Transport may, when deemed necessary to maintain the level of quality of certified products, have the public officials under his/her control take the following measures: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Investigation on whether certified products are in compliance with criteria for quality certification; |
| 2. |
Inspection of relevant account books or documents of those affixing quality certification marks; |
| 3. |
Collection and examination of samples of railroad supplies marked as quality certified products or requesting for testing to institutions, etc. specialized in testing and research. |
| (2) |
When a measure is taken under the provisions of paragraph (1), no person involved in certified products shall refuse, interfere with or evade it without any justifiable ground. |
| (3) |
A public official taking a measure under the provisions of paragraph (1) shall carry a certificate showing his/her authority and present it to related persons. |
| (4) |
Matters necessary for the certificate referred to in paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 32 (Order for Removal of Marks, etc.) |
|
The Minister of Land, Infrastructure and Transport may, when recognizing that a certified product is not in compliance with criteria for quality certification as a result of the measures specified in each subparagraph of Article 31 (1), order the person that has obtained the quality certification to take necessary measures, such as removal of quality certification marks, suspension of marking of quality certification or suspension of sale of certified products. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 33 (Cancellation of Quality Certification) |
|
When a person who has obtained quality certification falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the quality certification: Provided, That he/she shall cancel quality certification in cases under subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. |
Where the person obtained the certification by false or other unjust means; |
| 2. |
Where the person is found, as a result of taking the measures specified in each subparagraph of Article 31 (1), to considerably fall short of criteria for quality certification; |
| 3. |
Where the person fails to follow the order under Article 32 for the removal of marks, suspension of marking or suspension of sale without any justifiable ground. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 34 (Standardization) |
|
| (1) |
The Minister of Land, Infrastructure and Transport may establish standard specifications of rolling stock and railroad supplies in order to secure the safety and interoperability of railroads and recommend them to railroad operators, etc., those intending to manufacture, assemble or import rolling stock and others (hereinafter referred to as "rolling stock manufacturer, etc."): Provided, That matters for which Korean industrial standards are established in accordance with the Industrial Standardization Act shall comply with such standards. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for the establishment, revision, etc. of the standard specifications under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 35 (Performance Test of Rolling Stock) |
|
| (1) |
When a rolling stock manufacturer, etc. intends to sell rolling stock that he/she manufactures, assembles or imports, he/she shall take a test administered by the Minister of Land, Infrastructure and Transport to examine whether the performance, shape and specifications of structures and units, etc. of the rolling stock (hereinafter referred to as "performance, etc.") are suitable to secure the safety and functions of the rolling stock (hereinafter referred to as "performance test"). The same shall apply to cases of changing the performance, etc. of rolling stock that underwent a performance test (excluding changes of minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport may, notwithstanding the provision of paragraph (1), fully or partially exempt rolling stock prescribed by Presidential Decree, such as rolling stock manufactured. assembled or imported for the purpose of testing or studying from a performance test. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Matters necessary for the subject matters of, criteria and procedures for, etc. of the performance test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
In order to efficiently conduct performance tests, the Minister of Land, Infrastructure and Transport may designate institutions specialized in the performance test of rolling stock (hereinafter referred to as "performance testing institution") and have them conduct performance tests. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
Matters necessary for the criteria and procedures for designating performance testing institutions, and scope of duties, etc. of performance testing institutions shall be prescribed by Presidential Decree. |
| (6) |
When a performance testing institution falls under any of the following cases, the Minister of Land, Infrastructure and Transport may cancel the designation or order the suspension of duty, fixing a period not longer than six months: Provided, That he/she shall cancel the designation in cases under subparagraph 1: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Where the performance testing institution obtains designation by false or other unjust means; |
| 2. |
Where the performance testing institution fails to carry out the duty of performance testing for a consecutive period of one year or more without any justifiable ground; |
| 3. |
Where the performance testing institution fails to meet the criteria for designation under paragraph (5); |
| 4. |
Where the performance testing institution renders a judgment of success in performance test to rolling stock which dissatisfies the criteria for performance test intentionally or by gross negligence; |
| 5. |
Where the performance testing institution violates this Act or any order issued under this Act. |
| (7) |
Matters necessary for the criteria for the cancellation of designation and suspension of duty under paragraph (6), etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 36 (Rolling Stock Manufacturing Process Test) |
|
| (1) |
A rolling stock manufacturer, etc. shall undergo a test from the time when he/she embarks on manufacturing or assembling the rolling stock, which is administered by the Minister of Land, Infrastructure and Transport to examine whether the quality and safety of the rolling stock are secured (hereinafter referred to as "manufacturing process test"). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport may, notwithstanding the provision of paragraph (1), fully or partially exempt rolling stock prescribed by Presidential Decree, such as rolling stock manufactured and assembled, from a manufacturing process test, for the purpose of testing and studying. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Matters necessary for the subject matters of, criteria and procedures for, etc. of manufacturing process test shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
The Minister of Land, Infrastructure and Transport may, in order to efficiently conduct manufacturing process tests, designate institutions specialized in rolling stock manufacturing process testing (hereinafter referred to as "manufacturing process testing institution") and have them conduct manufacturing process tests. <Amended by Act No. 11690, Mar. 23, 2013> |
| (5) |
Neither performance testing institution nor manufacturing process testing institution shall conduct a performance test and manufacturing process test for the same rolling stock, concurrently. |
| (6) |
Matters necessary for the criteria and procedures for designating manufacturing process testing institutions, and scope of duties, etc. of manufacturing process testing institutions shall be prescribed by Presidential Decree. |
| (7) |
Article 35 (6) and (7) shall apply mutatis mutandis to the cancellation of designation and suspension of duties of manufacturing process test institutions. In such cases, the "performance testing institution" and "performance test" shall be considered as "manufacturing process testing institution" and "manufacturing process test," respectively. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 37 (Term of Use of Rolling Stock) |
|
| (1) |
No railroad operator, etc. shall operate rolling stock exceeding the durability life prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That the durability life may be extended where rolling stock is recognized to be suitable for safe operation in an intensive examination administered by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Matters necessary for the intensive examination, and the subject, criteria, procedures, etc. for the extension of durability life referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Land, Infrastructure and Transport may, in order to efficiently perform the intensive examination under paragraph (1), designate institutions specialized in the intensive examination of rolling stock (hereinafter referred to as "intensive examination institution") and have them conduct intensive examinations. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
Matters necessary for the criteria and procedures for designating intensive examination institutions, and scope of duties, etc. of intensive examination institutions shall be prescribed by Presidential Decree. |
| (5) |
Article 35 (6) and (7) shall apply mutatis mutandis to the cancellation of designation and suspension of duties of intensive examination institutions. In such cases, the "performance testing institution" and "performance test" shall be considered as "intensive examination institution" and "intensive examination," respectively. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 38 (Full Test Run) |
|
| (1) |
A railroad operator, etc. intending to construct a new railroad or to operate an existing railroad after making improvements thereto shall conduct a full test run prior to normal operation in order to check the conditions of installed railroad facilities and train operation systems and to enable railroad workers to attain proficiency in their duties. |
| (2) |
Matters necessary for the timing, method, etc. for the full test run under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER V SAFE OPERATION OF ROLLING STOCK AND PROTECTION OF RAILROADS
law view
| Article 39 (Operation of Rolling Stock) |
|
Matters necessary for the safe operation of rolling stock, such as the organization of trains, driving of rolling stock and methods of signaling shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 40 (Temporary Suspension of Train Operation) |
|
In any of the following cases, a railroad operator may, when recognizing that there is an obstacle to the safe operation of trains, suspend the operation of trains temporarily:
| 1. |
Where a disaster is caused by natural disaster, such as earthquake, typhoon, heavy rain and heavy snow, or by bad weather, or a disaster is expected to occur; |
| 2. |
Other cases where a serious failure occurs or is expected to occur in the operation of trains. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 41 (Prohibition, etc. of Railroad Workers from Drinking Alcohol) |
|
| (1) |
No railroad worker that engages in duties prescribed by Presidential Decree, such as driving rolling stock and traffic control (including those falling under on-the-job training) shall conduct his/her duties under the influence of alcohol or drugs. |
| (2) |
When deemed necessary for railroad safety and prevention of danger or when there are reasonable grounds to recognize that the railroad worker conducts his/her duties under the influence of alcohol or drugs, the Minister of Land, Infrastructure and Transport may confirm or examine whether the railroad worker drinks alcohol or uses drugs. In such cases, such railroad worker shall not refuse the confirmation or examination conducted by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
Matters necessary for the methods, criteria, etc. for the confirmation or examination under paragraph (2) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 42 (Prohibition of Carrying Harmful Goods) |
|
| (1) |
No one shall carry, in the train or load on the train, goods or substances (hereinafter referred to as "harmful goods") that do harm or are likely to do harm to the general public or passengers, such as weapons, explosives, hazardous chemical substances or highly inflammable substances: Provided, That the foregoing shall not apply to cases where the permission of the Minister of Land, Infrastructure and Transport is obtained or cases of conducting specific duties prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
Detailed matters necessary for the kind of harmful goods, safety measures for cases where permission for carrying or loading harmful goods is obtained, etc. shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 43 (Prohibition of Consignment and Transportation of Dangerous Articles) |
|
No one shall consign dangerous articles prescribed by Presidential Decree, such as explosives to which chemical triggering ignition or explosion is attached, nitroglycerin, dry initial explosives and those belonging to mercury fulminate and lead azide, and no railroad operator shall transport them by railroad.
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 44 (Transportation of Dangerous Articles) |
|
| (1) |
A railroad operator shall, when intending to transport dangerous articles prescribed by Presidential Decree by railroad, transport them after packing and loading them in a safe manner so as to prevent any danger and to protect human lives during transportation, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A person consigning a dangerous article by railroad shall follow the safety measures, etc. of railroad operators for the safe transportation of the dangerous article. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 45 (Restricted Acts in Railroad Protection Zones) |
|
| (1) |
A person intending to engage in any of the following acts in an area (hereinafter referred to as "railroad protection zone") within 30 meters from the border of a railroad (referring to the last line of the outermost track) shall report it to the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013> |
| 1. |
Changing the shape and quality of land and excavation; |
| 2. |
Collecting soil, rocks, pebbles and sand; |
| 3. |
New construction, remodelling, construction for expansion of buildings or installation of artificial structures; |
| 4. |
Planting trees (limited to cases prescribed by Presidential Decree); |
| 5. |
Other acts prescribed by Presidential Decree as likely to cause damage to railroad facilities or hinder the safe operation of rolling stock. |
| (2) |
With respect to those conducting any of the acts under paragraph (1), the Minister of Land, Infrastructure and Transport may, when deemed necessary for the safe operation of rolling stock and protection of railroads, order the prohibition of or restriction on the relevant acts or order to take necessary measures prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
A railroad operator, etc. may, when necessary for the safe operation of rolling stock and protection of railroads, request the Minister of Land, Infrastructure and Transport to issue the order for the prohibition of or restriction on the relevant acts under paragraph (2) or order to take necessary measures. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 46 (Compensation for Loss) |
|
| (1) |
When there is anyone that sustains a loss due to the prohibition of or restriction on the acts under Article 45 (2), the Minister of Land, Infrastructure and Transport or railroad operators, etc. shall compensate for the loss. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
With respect to the compensation for loss under paragraph (1), the Minister of Land, Infrastructure and Transport or railroad operators, etc. shall discuss with those sustaining a loss. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
When the discussion referred to in paragraph (2) fails to take place or can not take place, an application for the adjudication may be filed to the competent land expropriation committee under the Act on Acquisition of and Compensation for Land, etc. for Public Works, as prescribed by Presidential Decree. |
| (4) |
Articles 83 through 86 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to raising objections against the adjudication under paragraph (3). |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 47 (Acts Prohibited in Passenger Trains) |
|
No passenger shall conduct any of the following acts in the passenger train: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. |
Entering places prohibiting entry of passengers prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without a justifiable cause; |
| 2. |
Handling the equipment, instruments, etc. of rolling stock, such as pressing the emergency stop button during operation or opening the entrance doors on the sides of rolling stock, without justifiable cause; |
| 3. |
Throwing away things out of the passenger train, which may do harm to those outside the passenger train; |
| 5. |
Behaviors that make railroad workers on duty, passengers, etc. feel sexually humiliated; |
| 6. |
Other acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as doing harm to the general public and passengers. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 48 (Acts Prohibited for Protection of Railroads and Maintenance of Order) |
|
No one shall conduct any of the following acts which may hinder the protection of railroads and maintenance of order without justifiable cause: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. |
Destroying railroad facilities or rolling stock to cause danger to the operation of rolling stock; |
| 2. |
Throwing a stone or other dangerous things to rolling stock to cause danger to the operation of rolling stock; |
| 3. |
Leaving things within three meters from the center of the track widthwise on either side to hinder the safe operation of rolling stock; |
| 4. |
Piling explosives prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, highly flammable substances, etc. in facilities or areas prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, such as railroad bridges; |
| 5. |
Passing over or entering railroad lines (excluding roads crossing with railroads), or railroad facilities prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without the permission of railroad operators, etc.; |
| 6. |
Making noise, such as using violent language, or speaking or singing loudly in railroad facilities used by the public, such as station facilities or rolling stock; |
| 7. |
Disposing, in railroad facilities, of any hazardous article prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport or garbage which may hinder the operation of train; |
| 8. |
Sleeping in station facilities or rolling stock; |
| 9. |
Causing any hindrance to the operation of a train by getting on or off a moving train or obstructing the opening or closing of entrance doors without any justifiable reason; |
| 10. |
Causing hindrance to the operation of a train by pressing an emergency stop button on a platform without any justifiable reason; |
| 11. |
Other prohibited acts prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport as deemed necessary for the maintenance of order for the safety of the general public in railroad facilities or rolling stock. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 48-2 (Safety of Passengers, etc. and Security) |
|
| (2) |
A special railroad judicial police officer may, when necessary for the execution of duties provided for in paragraph (1), use work apparatus such as handcuffs. |
| (3) |
Matters necessary for the methods and procedures for the security check referred to in paragraph (1) as well as matters necessary for the kind of, and usage standard for, the work apparatus referred to in paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Newly Inserted by Act No. 11476, Jun. 1, 2012]
law view
| Article 49 (Observance of Directions of Railroad Workers on Duty) |
|
| (1) |
A person using a train or railroad facility shall follow the directions of railroad workers on duty, which are given under this Act for the safety and protection of railroads and maintenance of order. |
| (2) |
No one shall interfere with the execution of the duties of railroad workers by means of violence or intimidation. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 50 (Measure for Eviction of General Public or Passengers) |
|
A railroad worker may evict or remove the following people or things out of trains or areas prescribed by Presidential Decree: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. |
A person carrying harmful goods in a passenger train in violation of Article 42 and the relevant harmful goods; |
| 2. |
A person consigning or transporting a dangerous article, the transportation of which is prohibited, in violation of Article 43 and the relevant dangerous article; |
| 3. |
A person failing to follow an order for prohibition of and restriction on acts or order for taking measures which is issued by the Minister of Land, Infrastructure and Transport, in violation of Article 45 (2) and (3) and the relevant things; |
| 4. |
A person committing any prohibited act in violation of Article 47 and the relevant things; |
| 5. |
A person committing any prohibited act in violation of Article 48 and the relevant things; |
| 6. |
A person failing to comply with the security check referred to in Articled 48-2; |
| 7. |
A person failing to follow the directions of railroad workers on duty or interfering with the execution of duty, in violation of Article 49. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER VI INVESTIGATION AND HANDLING OF RAILROAD ACCIDENTS
law view
| Article 51 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 52 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 53 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 54 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 55 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 56 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 57 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 58 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 59 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 60 (Measures to Be Taken When Railroad Accidents, etc. Occur) |
|
| (1) |
When a railroad accident or operational failure (hereinafter referred to as "railroad accident, etc.") occurs, the relevant railroad operator, etc. shall take necessary measures to minimize damage to human lives and property and normalize train operation through relief of casualties, management of lost articles, transportation of passengers, restoration of railroad facilities, etc. |
| (2) |
Matters necessary for the relief of casualties, transportation of passengers, restoration of railroad facilities, etc. at the time a railroad accident, etc. occurs shall be prescribed by Presidential Decree. |
| (3) |
The Minister of Land, Infrastructure and Transport may, when deemed necessary after being reported on an accident pursuant to Article 61, give railroad operators, etc. directions necessary for the settlement of the accident, etc. In such cases, the railroad operators, etc. in the receipt of such directions shall comply with them unless any special circumstance exists. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 61 (Accident Report) |
|
| (1) |
A railroad operator, etc. shall, when a railroad accident, etc. prescribed by Presidential Decree occurs, such as an accident with a large number of casualties, immediately report it to the Minister of Land, Infrastructure and Transport as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
A railroad operator, etc. shall, when a railroad accident, etc. save the railroad accident, etc. referred to in paragraph (1) occurs, investigate the details of the accident as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and report the results thereof to the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 62 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 63 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 64 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 65 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 66 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
law view
| Article 67 Deleted. <by Act No. 7692, Nov. 8, 2005> |
|
CHAPTER VII CONSTRUCTION OF FOUNDATION FOR RAILROAD SAFETY
law view
| Article 68 (Promotion of Railroad Safety Technology) |
|
The Minister of Land, Infrastructure and Transport shall develop and implement necessary measures to promote technologies with respect to railroad safety, such as encouragement of research and development and propagation of the accomplishments thereof. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 69 (Fostering of Institutions, etc. Specialized in Railroad Safety) |
|
| (1) |
The Minister of Land, Infrastructure and Transport shall guide and foster institutions or organizations that are specialized in railroad safety. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport shall prepare and promote measures for smoothly securing experts (hereinafter referred to as "railroad safety experts") to engage in the areas of railroad safety, as prescribed by Presidential Decree, such as safety inspection duties related to the construction, operation and management of railroad facilities. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
The Minister of Land, Infrastructure and Transport may certify the qualification of the railroad safety experts pursuant to the following classifications: <Amended by Act No. 11690, Mar. 23, 2013> |
Railroad operational safety manager;
Railroad safety technical expert.
| (4) |
Matters necessary for the qualification standard and qualification certification procedures for the railroad safety experts by category as well as matters necessary for the safety education and training required to receive the qualification certification shall be prescribed by Presidential Decree. |
| (5) |
The Minister of Land, Infrastructure and Transport may designate institutions (hereinafter referred to as "safety-specialized institution") specializing in railroad safety, and allow such institutions to perform duties such as the nurturing of railroad safety experts and the management of their qualifications. <Amended by Act No. 11690, Mar. 23, 2013> |
| (6) |
Matters necessary for the criteria and procedures for designating safety-specialized institutions shall be prescribed by Presidential Decree. |
| (7) |
Articles 15 (6) and 15-2 shall apply mutatis mutandis to the cancellation of designation and suspension of duties of safety-specialized institutions. In such cases, the "aptitude testing institution" shall be considered as "safety-specialized institution," "aptitude testing duties" as "safety education and training duties," "Article 15 (5)" as "Article 69 (6)," and "pass/fail report of aptitude test" as "safety education and training certificate or qualification certificate," respectively. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 70 (Propagation, etc. of Railroad Safety Knowledge) |
|
The Minister of Land, Infrastructure and Transport shall prepare and promote measures necessary for the propagation of knowledge on railroad safety and enhancement of consciousness of railroad safety. <Amended by Act No. 11690, Mar. 23, 2013>
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 71 (Integrated Management, etc. of Railroad Safety Data) |
|
| (1) |
The Minister of Land, Infrastructure and Transport may manage data on railroad safety in an integrated manner to efficiently promote railroad safety measures under this Act and provide them to the heads of relevant local governments, railroad operators, etc., aptitude testing institutions, educational and training institutions, quality certification institutions, performance testing institutions, manufacturing process testing institutions, intensive examination institutions, safety-specialized institutions, and institutions or organizations that are entrusted with duties pursuant to Article 77 (2) (hereinafter referred to as "railroad-related institution, etc."). <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport may request necessary data from the heads of relevant local governments or railroad-related institutions, etc. to manage the data under paragraph (1) in an integrated manner. In such cases, any person in receipt of such demand shall comply with it unless any special cause exists. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 72 (Financial Support) |
|
The government may provide subsidies and other financial support to each of the following institutions or organizations:
| 1. |
Aptitude testing institutions; |
| 2. |
Educational and training institutions; |
| 3. |
Quality certification institutions; |
| 4. |
Performance testing institutions; |
| 5. |
Manufacturing process testing institutions; |
| 6. |
Intensive examination institutions; |
| 7. |
Safety-specialized institutions and organizations involved in railroad safety; |
| 8. |
Other railroad-related institutions, etc. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 72-2 (Support for Reconstruction or Improvement of Railway Bridges) |
|
| (1) |
The State may partially subsidize expenses necessary for reconstructing or improving railway bridges to ensure railroad safety. |
| (2) |
Matters necessary for the scope, conditions and ratio of support for reconstruction or improvement under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11193, Jan. 17, 2012]
CHAPTER VIII SUPPLEMENTARY PROVISIONS
law view
| Article 73 (Report and Inspection) |
|
| (1) |
When deemed necessary, the Minister of Land, Infrastructure and Transport or relevant local governments may order railroad-related institutions, etc. to report necessary matters or submit data, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
When deemed necessary, the Minister of Land, Infrastructure and Transport may have the public officials under his/her control enter the offices or business places of railroad-related institutions, etc. to ask questions to related persons or inspect documents. <Amended by Act No. 11690, Mar. 23, 2013> |
| (3) |
A public official entering or inspecting pursuant to paragraph (2) shall carry a certificate showing his/her authority and present it to related persons, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
| (4) |
Matters necessary for the certificate under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 74 (Fees) |
|
| (1) |
A person applying for education and training, license, inspection, testing, intensive examination, etc. under this Act shall pay a fee prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That in cases of the aptitude testing institutions, educational and training institutions, quality certification institutions, performance testing institutions, manufacturing process testing institutions, intensive examination institutions and safety-specialized institutions (hereinafter referred to as "agency" in this Article) designated by the Minister of Land, Infrastructure and Transport in accordance with this Act or institutions entrusted with the duties pursuant to Article 77 (2) (hereinafter referred to as "entrusted institution" in this Article), fees determined by agencies or entrusted institutions shall be paid to the agencies or entrusted institutions. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
When an agency or entrusted institution intends to determine a fee pursuant to the proviso to paragraph (1), it shall determine the level thereof and obtain the approval from the Minister of Land, Infrastructure and Transport therefor. The same shall apply to cases of changing approved matters. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 75 (Hearings) |
|
The Minister of Land, Infrastructure and Transport shall, when imposing the following dispositions, hold a hearing: <Amended by Act No. 11690, Mar. 23, 2013>
| 1. |
Cancellation of designation of aptitude testing institutions under Article 15-2 (1); |
| 2. |
Cancellation of designation of educational and training institutions under Article 16 (5); |
| 3. |
Cancellation of driver's licenses under Article 20 (1); |
| 4. |
Cancellation of designation of quality certification institutions under Article 28 (3); |
| 5. |
Cancellation of quality certification under Article 33; |
| 6. |
Cancellation of designation of performance testing institutions under Article 35 (6); |
| 7. |
Cancellation of designation of manufacturing process testing institutions under Article 36 (7); |
| 8. |
Cancellation of designation of intensive examination institutions under Article 37 (5); |
| 9. |
Cancellation of designation of safety-specialized institutions under Article 69 (7). |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 76 (Legal Fiction of Public Officials in Application of Penal Provisions) |
|
| 1. |
Officials and employees of aptitude testing institutions who engage in the duty of aptitude test pursuant to Article 15 (4); |
| 2. |
Officials and employees of educational and training institutions who engage in the duty of education and training pursuant to Article 16 (3); |
| 3. |
Officials and employees of quality certification institutions who engage in the duty of quality certification pursuant to Article 28 (1); |
| 4. |
Officials and employees of performance testing institutions who engage in the duty of performance test pursuant to Article 35 (4); |
| 5. |
Officials and employees of manufacturing process testing institutions who engage in the duty of manufacturing process test pursuant to Article 36 (4); |
| 6. |
Officials and employees of intensive examination institutions who engage in the duty of intensive examination pursuant to Article 37 (3); |
| 7. |
Officials and employees of safety-specialized institutions pursuant to Article 69 (5); |
| 8. |
Officials and employees of other railroad-related institutions, etc. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 77 (Delegation and Entrustment of Authorities) |
|
| (1) |
The Minister of Land, Infrastructure and Transport may delegate part of his/her authority under this Act to the head of the competent agency or Mayors/Do Governors as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
| (2) |
The Minister of Land, Infrastructure and Transport may entrust part of his/her authority under this Act to institutions or organizations related to railroad safety as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013> |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
CHAPTER IX PENAL PROVISIONS
law view
| Article 78 (Penal Provisions) |
|
| (1) |
A person interfering with the execution of any of the duties of a railroad worker by means of violence or intimidation in violation of Article 49 (2) shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won. <Amended by Act No. 11476, Jun. 1, 2012> |
| (2) |
The following persons shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 30 million won: <Amended by Act No. 11476, Jun. 1, 2012> |
| 1. |
A person consigning or transporting a dangerous article prohibited from consignment and transportation in violation of Article 43; |
| 2. |
A person transporting a dangerous article in violation of Article 44 (1); |
| 3. |
A person conducting a prohibited act in violation of subparagraphs 1 through 4 of Article 48; |
| 4. |
through 7. Deleted. <by Act No. 7692, Nov. 8, 2005> |
| (3) |
The following persons shall be punished by imprisonment with prison labor for not more than two years or by a fine not exceeding 20 million won: <Amended by Act No. 11476, Jun. 1, 2012> |
| 1. |
A person obtaining the designation of the institutions referred to in Article 15 (3), 16 (3), 28 (1), 35 (4), 36 (4) or 37 (3) by false or other unjust means; |
| 2. |
A person conducting a duty during the suspension of the relevant duty referred to in Articles 14 (1) (including cases to which the provisions of Articles 14 apply mutatis mutandis in Articles 15 (5) and 16 (5)), 28 (3) and 35 (6) (including cases to which Article 35 (6) and paragraph (7) of the same Article apply mutatis mutandis in Articles 36 (7) and 37 (5)); |
| 3. |
A person obtaining the quality certification referred to in Article 27 by false or other unjust means; |
| 4. |
A person affixing a quality certification mark or any mark similar thereto in violation of Article 30; |
| 5. |
A person failing to follow an order for removal of marks of certified product, suspension of marking of certified product, suspension of sale, etc., which are referred to in Article 32; |
| 6. |
A person conducting a duty under the influence of alcohol or drugs in violation of Article 41 (1); |
| 7. |
A person failing to comply with the confirmation or examination referred to in Article 41 (2); |
| 8. |
A person carrying or loading harmful goods without justifiable cause in violation of the main text of Article 42 (1); |
| 9. |
A person failing to report in violation of paragraph (1) of Article 45 or comply with the order referred to in paragraph (2) of the same Article. |
| (4) |
The following persons shall be punished by imprisonment with prison labor for not more than one year or by a fine not exceeding ten million won: <Amended by Act No. 11476, Jun. 1, 2012> |
| 1. |
A person driving rolling stock without a driver's license (including cases where the validity of driver's license is suspended) and a person causing such person to conduct the duty to drive rolling stock; |
| 2. |
A person obtaining a driver's license by false or other unjust means; |
| 3. |
A person engaging in driving rolling stock, without satisfying the requirements for driving rolling stock in violation of Article 21 or a person allowing such person to drive rolling stock; |
| 4. |
A person engaging in the duty of traffic control, without satisfying the requirements for conducting the duty of traffic control in violation of Article 22 and a person allowing such person to conduct the duty of traffic control; |
| 5. |
A person conducting the duty referred to in paragraph (1) of Article 23 without undergoing the physical examination and aptitude test in violation of paragraph (1) of Article 23 or without passing the physical examination and aptitude test in violation of paragraph (3) of the same Article and a person allowing such person to conduct such duty; |
| 6. |
A person selling rolling stock without receiving the performance test in violation of Article 35 (1); |
| 7. |
A person failing to completing the manufacturing process test in violation of Article 36 (1) or selling rolling stock which have not undergone the manufacturing process test; |
| 8. |
A person operating rolling stock exceeding the durability life in violation of Article 37 (1); |
| 9. |
A person operating railroad lines without conducting the full test run in violation of Article 38 (1). |
| (5) |
A person violating subparagraph 5 of Article 47 shall be punished by a fine not exceeding five million won. <Newly Inserted by Act No. 11476, Jun. 1, 2012> |
law view
| Article 79 (Aggravated Punishment) |
|
| (1) |
A person causing obstruction to the operation of a train by committing any crime under Article 78 (1), (3) 8 and 9 shall be punished aggravatingly up to half the punishment prescribed for such crimes. |
| (2) |
A person causing deaths or injuries by committing the crimes under Article 78 (3) 8 and 9 shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 50 million won. |
[This Article Wholly Amended by Act No. 11476, Jun. 1, 2012]
law view
| Article 80 (Joint Penal Provisions) |
|
When a representative of a corporation, or an agent, employee or other servant of a corporation or individual commits an offence under Article 78 (2), paragraph (3) 1 through 7 of the same Article, subparagraph 9 of the same paragraph, paragraph (4) 1 of the same Article, subparagraphs 3 through 9 of the same paragraph or Article 79 (limited to cases where the offence subject to an aggravated punishment under Article 78 (3) 9 is committed) in connection with a business of the corporation or individual, not only the offender is punished but also the corporation or individual shall be punished by a fine under each relevant Article: Provided
, That the foregoing shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the relevant duties to prevent such offence.
[This Article Wholly Amended by Act No. 9610, Apr. 1, 2009]
law view
| Article 81 (Fines for Negligence) |
|
| (1) |
The following persons shall be punished by a fine for negligence not exceeding ten million won: <Amended by Act No. 11476, Jun. 1, 2012> |
| 1. |
A person failing to obtain the approval of safety control regulations, observe safety control regulations, or comply with an order for change in violation of Article 7 (1), (4) and (5); |
| 2. |
A person failing to obtain the approval for contingency plan or comply with an order for change in violation of Article 8 (1) and (2); |
| 3. |
A person failing to comply with an order for improvement under Article 9 (1) or report on the results of improvement in violation of paragraph (2) of the same Article; |
| 4. |
A person failing to return a driver's license in violation of Article 20 (3); |
| 5. |
A railroad operator, etc. failing to perform education in violation of Article 24 (1); |
| 6. |
A person failing to report pursuant in violation of Article 29 (2); |
| 7. |
A person refusing, interfering with or evading the measures in any of the provisions of Article 31 (1) in violation of paragraph (2) of the same Article; |
| 8. |
A person engaging in acts prohibited in a passenger train in violation of subparagraphs 1 through 4 and 6 of Article 47; |
| 9. |
A person entering or passing over railroad lines (excluding roads crossing with railroads) or railroad facilities without permission in violation of subparagraph 5 of Article 48; |
| 10. |
A person disposing of any hazardous article or garbage in railroad facilities or who causes any hindrance to the operation of a train in violation of subparagraph 7, 9 or 10 of Article 48; |
| 11. |
A person failing to follow directions of railroad workers on duty in violation of Article 49 (1); |
| 12. |
A person failing to report or reporting falsely in violation of Article 61 (1) and (2); |
| 13. |
A person failing to report or reporting falsely, or refusing, interfering with or evading the request for submitting data, which are referred to in Article 73 (1); |
| 14. |
A person refusing, interfering with or evading the entry of, or the inspection by, the public officials referred to in Article 73 (2). |
| (2) |
Fines for negligence referred to in paragraph (1) shall be collected by the Minister of Land, Infrastructure and Transport as prescribed by Presidential Decree. <Amended by Act No. 11476, Jun. 1, 2012; Act No. 11690, Mar. 23, 2013> |
| (3) |
through (5) Deleted. <by Act No. 9610, Apr. 1, 2009> |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005: Provided
, That Articles 10, 17 through 23, and 35 throng 38 shall enter into force on July 1, 2006.
Article 2 (Applicability to Safety Standards for Railroad Facilities)
The safety standards for railroad facilities referred to in Article 25 (1) shall apply from the facility that first embarks on basic design after this Act enters into force.
Article 3 (Applicability to Safety Standards for Rolling Stock)
Article 26 (1) shall apply from the rolling stock the purchase contract of which is established first after this Act enters into force.
Article 4 (General Transitional Measures concerning Railroad Safety)
Any activity that is conducted by or to an administrative organ in accordance with the provisions of the previous Railroad Act as at the time this Act enters into force shall be deemed an activity committed by or to the administrative organ under this Act.
Article 5 (Transitional Measures concerning Safety Control Regulations)
Any person conducting the duty to operate railroads or manage railroad facilities in accordance with relevant Acts as at the time this Act enters into force shall establish the safety control regulations referred to in Article 7 within one year after this Act enters into force and obtain approval from the Minister of Construction and Transportation therefor.
Article 6 (Transitional Measures concerning Contingency Plan)
Any person conducting the duty to operate railroads or manage railroad facilities in accordance with relevant Acts as at the time this Act enters into force shall establish the contingency plan referred to in Article 8 within one year after this Act enters into force and obtain approval from the Minister of Construction and Transportation therefor.
Article 7 (Transitional Measures concerning driver's License)
| (1) |
Any person satisfying the requirements determined by Presidential Decree on July 1, 2006 shall be deemed to have obtained the driver's license referred to in Article 10. |
| (2) |
Any person falling under paragraph (1) shall apply for the issuance of a driver's license to the Minister of Construction and Transportation within one year from July 1, 2006 as prescribed by Presidential Decree. |
Article 8 (Transitional Measures concerning Requirements for Conduct of Duty of Driving and Traffic Control)
| (1) |
Any person satisfying the requirements prescribed by Presidential Decree on July 1, 2006 shall be deemed to satisfy requirements necessary for driving under Article 21 (1). |
| (2) |
Those engaging in the duty of traffic control on July 1, 2006 and those who have a record to have engaged in the duty of traffic control for not less than one year within five years before the date on which this Act enters into force shall be considered to satisfy requirements necessary for conducting the duty of traffic control referred to in Article 22. |
Article 9 (Transitional Measures concerning Physical Examination and Aptitude Test)
Railroad workers under Article 23 (1) on July 1, 2006 shall be deemed to have received the first physical examination and aptitude test under the same Article, notwithstanding the provisions of the same Article.
Article 10 (Transitional Measures concerning Certification of Quality of Railroad Supplies)
Any goods that are designated as quality-guaranteed goods by the head of the National Railroad Administration before this Act enters into force shall be deemed to have obtained quality certification from the Minister of Construction and Transportation under this Act.
Article 11 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
In applying penal provisions and fines for negligence to acts committed before this Act enters into force, the provisions of the previous Railroad Act shall prevail.
Article 12 Omitted.
Article 13 (Relations with other Acts and Subordinate Statutes)
Where other Acts and subordinate statutes quoted the previous Railroad Act or any provision of the previous Railroad Act as at the time this Act enters into force, if there is any provision corresponding thereto in this Act, they shall be considered to have quoted this Act or the relevant provisions of this Act.
ADDENDA <Act No. 7428, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 7692, Nov. 8, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force eight months after its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7796, Dec. 29, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after its promulgation.
Articles 2 through 10 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.
ADDENDUM <Act No. 9610, Apr. 1, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11193, Jan. 17, 2012>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 11476, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Medical Institutions for Conducting Physical Examination)
The amended provisions of Article 12 (2) shall be applied starting with a person who receives a physical examination first after this Act enters into force.
Article 3 (Transitional Measures concerning Railroad Safety Experts, etc.)
A person who has been granted the qualification as a railroad safety expert or has been designated as an institution or organization specialized in railroad safety in accordance with the former provisions at the time when this Act enters into force shall be deemed as having been granted the qualification under the amended provision of Article 69 (3) or as having been designated as an institution specialized in safety under paragraph (5) of the same Article.
Article 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
| (1) |
This Act shall enter into force on the date of its promulgation. |
Articles 2 through 7 Omitted.
