CHAPTER I GENERAL PROVISIONS
law view
| Article 1 (Purpose) |
 |
The purpose of this Act is to contribute to the improvement of traffic and the enhancement of public welfare by providing matters concerning road planning, the assignment of or approval for routes, road management, standards for road facilities, road maintenance, and expenses thereof, in order to upgrade road networks and properly manage roads.
law view
| Article 2 (Definitions) |
|
| (1) |
The definitions of terms used in this Act are as follows: |
| 1. |
The term "roads" means roads used for general traffic, which are stipulated in Article 8; |
| 2. |
The term "alternative bypass to a national highway" means a bypass constructed as an alternative to an existing national highway that passes through areas under the jurisdiction of a Special Self-Governing Province or a Si; |
| 3. |
The term "State-funded local highways" means local highways connecting regions where major facilities causing traffic congestion are located, such as major cities, airports, harbors, industrial complexes, major islands, tourist destinations, etc., and complementing the major road network of the State, comprised of national expressways and national highways (including Special Metropolitan City roads, Metropolitan City roads, Si roads, Gun roads or newly-built sections, if necessary in order to sustain coherence in traffic connectivity; hereinafter the same shall apply), the routes of which are assigned by Presidential Decree; |
| 4. |
The term "road appurtenances" means facilities or structures necessary to maintain road structures, ensure safe and efficient traffic, or manage roads, which fall under any of the following subparagraphs: |
| (a) |
Zero mile stones, mileposts, repair area signs, road boundary markings or road signs; |
| (b) |
Protective fences, roadside trees or street lamps, which are installed by a road management agency; |
| (c) |
Parking lots or storage areas for road repair materials adjoined to roads, or road maintenance offices that manage such facilities comprehensively, facilitated by a road management agency; |
| (d) |
Road information apparatuses, weather-forecasting apparatuses or emergency communication facilities, installed by a road management agency; |
| (e) |
Others prescribed by Presidential Decree; |
| 5. |
The term "other structures" means banks, dams, bank protections, bridges for railroads or tracks, shortcuts or other structures, which function together with roads, as prescribed by Presidential Decree. |
| (2) |
The roads referred to in subparagraph 1 of paragraph (1) include tunnels, bridges, ferry terminals, elevators used as roads, facilities or structures integrated into roads to fully utilize roads, as prescribed by Presidential Decree, or road appurtenances. |
| (3) |
Presidential Decree referred to in subparagraph 1 of paragraph (1) shall include route numbers, route names, starting points, terminals, major passages and other necessary matters. |
law view
| Article 3 (Restriction on Private Rights) |
|
No private right may be exercised over lands, retaining walls or others constituting roads: Provided, That this shall not apply to cases of the transfer of ownership or the settlement of mortgage.
law view
| Article 4 (Succession of Rights or Obligations) |
|
| (1) |
When a person who has rights or obligations upon permission granted under this Act dies or transfers his/her rights or obligations, or when a corporation which has rights or obligations is merged with another corporation, any successor, or any transferee of such rights or obligations, or any corporation which survives such merger or a corporation established by such merger shall succeed the status of such person or corporation. |
| (2) |
A person who succeeds the rights or obligations under paragraph (1) shall report to the relevant road management agency, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
law view
| Article 5 (Relations to other National Projects) |
|
On matters related to other national projects, which are subject to permission by a road management agency under this Act, the competent authorities of the projects shall consult with, or obtain approval from the relevant road management agency.
law view
| Article 6 (Delegation or Entrustment of Authority) |
|
| (1) |
The authority of the Minister of Land, Transport and Maritime Affairs under this Act may be partially delegated to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a DoGovernor, the Governor of a Special Self-Governing Province, the Commissioner of a Regional Construction Management Office or the head of a responsible administrative agency defined in Article 2 of the Act on the Establishment and Operation of Responsible Administrative Agencies, as prescribed by Presidential Decree. <Amended by Act No. 11471, Jun. 1, 2012> |
| (2) |
The Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, the Governor of a Special Self-Governing Province or the Commissioner of a Regional Construction Management Office may partially re-delegate authority delegated by the Minister of Land, Transport and Maritime Affairs under paragraph (1) to the head of a Si (including the Mayor of an administrative Si; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same applies) or the head of an administrative agency performing duties relating to the maintenance and construction of national highways referred to in subparagraph 2 of Article 8 (excluding a responsible administrative agency referred to in Article 2 of the Act on the Establishment and Operation of Responsible Administrative Agencies). In such cases, if the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor or the Governor of a Special Self-Governing Province re-delegates authority to the head of a Si/Gun/Gu, he/she shall obtain approval from the Minister of Land, Transport and Maritime Affairs. <Amended by Act No. 11471, Jun. 1, 2012> |
| (3) |
Where the Minister of the Land, Transport and Maritime Affairs is the road management agency, he/she may entrust the following duties to road-related institutions or organizations, as prescribed by Presidential Decree: |
| 1. |
Installation and management of road signs under Article 57; |
| 2. |
Collecting traffic information, such as the volume of traffic, surveying road structures or other matters related to roads, and supplying drivers with information on the volume of traffic, pursuant to Article 87. |
| (4) |
Employees and executives of the institutions or organizations engaged in the duties entrusted under paragraph (3) shall be deemed public officials for the purpose of penal provisions under Articles 129 through 132 of the Criminal Act. |
| (5) |
With regard to those delegated (including where they perform the duties of the Minister of Land, Transport and Maritime Affairs pursuant to the proviso to Article 23 (1); hereafter the same shall apply in this paragraph) or re-delegated with the authority or entrusted with the duties under paragraphs (1) through (3), the Minister of Land, Transport and Maritime Affairs may take measures necessary to confirm the propriety, etc. of the performance of such authority or duties, such as a request for data, a field investigation or a corrective order, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. In such cases, those delegated or re-delegated with authority or entrusted with the duties shall comply with such measures unless any special reason exists to the contrary. <Newly Inserted by Act No. 9730, May 27, 2009> |
law view
| Article 7 (Application Mutatis Mutandis) |
|
The provisions of Articles 2 (1) 4 and 5, 3 through 5, 23, 29 through 34, 38 through 47, 57 through 59, 66, 67, 74 through 80, 82 through 86, and 90 through 100 shall apply mutatis mutandis to roads other than those referred to in Article 2 (1) 1, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9730, May 27, 2009]
CHAPTER II ROADS AND ROUTES
law view
| Article 8 (Kinds and Grades of Roads) |
|
The kinds of roads are defined as follows, and the grades thereof shall be determined by the following order, as enumerated:
| 3. |
Special Metropolitan City roads and Metropolitan City roads; |
law view
| Article 9 (National Expressways) |
|
With respect to national expressways, the matters necessary for the assignment of routes, structure management and maintenance, other than those as prescribed by this Act, shall be separately determined by other Acts.
law view
| Article 10 (General National Highways) |
|
| (1) |
The term "general national highways" (hereinafter referred to as "national highways") means roads which constitute, together with the express highways, the national major road networks by connecting major cities, designated harbors, major airports, national industrial complexes, tourist destinations, etc., and the routes of which are prescribed by Presidential Decree. |
| (2) |
Presidential Decree as referred to in paragraph (1) shall include route numbers, route names, starting points, terminals, major passages, and other necessary matters. |
law view
| Article 10-2 (Designation of Branch Lines) |
|
| (1) |
Any of the following roads may be designated as branch lines of national expressways or national highways (hereinafter referred to as "branch lines" in this Article) by Presidential Decree: |
| 1. |
The roads connecting main lines of national expressways or national highways with cities, harbors, airports, industrial complexes, logistics facilities, etc. nearby (hereinafter referred to as "cities, etc." in this Article); |
| 2. |
The roads bypassing main lines of national expressways or national highways or interconnecting main lines in order to supplement the functions of national expressways or national highways. |
| (2) |
Standards for designation of branch lines under paragraph (1) including the sizes of cities, etc. shall be prescribed by Presidential Decree. |
| (3) |
Presidential Decree under paragraph (1) shall include the branch lines'' numbers, names, starting points, terminal points, major route ways, and other necessary matters. |
[This Article Newly Inserted by Act No. 10156, Mar. 22, 2010]
law view
| Article 11 (Special Metropolitan City Roads and Metropolitan City Roads) |
|
The term "Special Metropolitan City roads and Metropolitan City roads" means any of the following roads within the boundary of the Special Metropolitan City or Metropolitan Cities, the routes of which are approved by the Special Metropolitan City Mayor or Metropolitan City Mayors:
| 2. |
Roads with the function, etc. of trunk routes or auxiliary trunk routes; |
| 3. |
Roads connecting major areas in a city or adjacent cities and major provinces; |
| 4. |
Roads of special importance to the maintenance of the functions of a city, other than those referred to in subparagraphs 1 through 3. |
law view
| Article 12 (Local Highways) |
|
The term "local highways" means any of the following roads, comprising the local major network of a province, and the routes of which are approved by the competent Do Governor or the Governor of a Special Self-Governing Province:
| 1. |
Roads running from the seat of a Do office to the seat of a Si/Gun office; |
| 2. |
Roads connecting the seats of a Si/Gun office; |
| 3. |
Roads connecting airfields, harbors and stations in a Do or Special Self-Governing Province, or airfields, harbors and stations closely related thereto; |
| 4. |
Roads connecting airfields, harbors or stations in a Do or Special Self-Governing Province, with national expressways, national highways or local highways closely related thereto; |
| 5. |
Roads of special importance for the development of a province, other than those referred to in subparagraphs 1 through 4. |
law view
| Article 13 (Si Roads) |
|
The term "Si roads" means roads in a Si or administrative Si, the routes of which are approved by the head of the competent Si (referring to the Governor of a Special Self-Governing Province, in cases of administrative Si).
law view
| Article 14 (Gun Roads) |
|
The term "Gun roads" means roads in a Gun, the routes of which are approved by the head of the competent Gun, which fall under any of the following subparagraphs:
| 1. |
Roads running from the seat of a Gun office to the seat of an Eup/Myeon office; |
| 2. |
Roads connecting the seats of Eup/Myeon offices; |
| 3. |
Roads of special importance for the development of a Gun, other than those referred to in subparagraphs 1 and 2. |
law view
| Article 15 (Gu Roads) |
|
The term "Gu roads" means roads in the boundaries of the Special Metropolitan City or Metropolitan Cities, connecting Dongs in a Gu (referring to an autonomous Gu; hereinafter the same applies), excluding the Special Metropolitan City roads and Metropolitan City roads, the routes of which are approved by the head of the competent Gu.
law view
| Article 16 (Approval for Routes beyond Jurisdiction) |
|
| (1) |
If it is deemed particularly necessary, the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors, the Governor of a Special Self-Governing Province and the heads of Sis/Guns/Gus (hereinafter referred to as "administrative agencies") may approve the routes of roads extended beyond their jurisdiction upon consultation with the relevant administrative agencies, as prescribed by Presidential Decree, notwithstanding Articles 11 through 15. <Amended by Act No. 11471, Jun. 1, 2012> |
| (2) |
If agreement cannot be reached in consultation referred to in paragraph (1), the Special Metropolitan City Mayor, Metropolitan City Mayors, the Special Self-Governing City Mayor, Do Governors or the Governor of a Special Self-Governing Province may apply for a ruling to the Minister of Land, Transport and Maritime Affairs, the heads of Sis/Guns to Do Governors, and the heads of Gus to the Special Metropolitan City Mayor, Metropolitan City Mayors or the Special Self-Governing City Mayor, respectively. <Amended by Act No. 11471, Jun. 1, 2012> |
| (3) |
If the ruling referred to in paragraph (2) has been made, agreement referred to in paragraph (1) shall be deemed made. |
law view
| Article 17 (Public Announcement of Approval of Routes) |
|
Where routes have been approved under Articles 11 through 16, the route names, starting points and terminals, main sections, and other necessary matters shall be announced publicly, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
law view
| Article 18 (Permanent Closure or Modification of Routes) |
|
| (1) |
An administrative agency which has approved routes under Articles 11 through 16, may permanently close or modify the whole or part of a route approved thereby. |
| (2) |
Where an administrative agency has permanently closed or modified routes under paragraph (1), it shall announce it publicly, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
law view
| Article 19 (Measures in Cases of Overlapping Routes) |
|
| (1) |
Where the routes of a higher grade road and a lower grade road over each other, a higher grade road shall apply to the overlapping part of the road. |
| (2) |
In cases of approval for, or modification of a route so as to overlap with the route of another road, or permanent closure or modification of a route overlapping the route of another road, the road management agency which has approved such other route shall be notified. |
CHAPTER III MANAGEMENT OF ROADS
law view
| Article 20 (Road Management Agencies) |
|
| (1) |
Road management agencies shall be classified as follows: <Amended by Act No. 10156, Mar. 22, 2010; Act No. 11471, Jun. 1, 2012> |
| 1. |
National highways (including branch lines): The Minister of Land, Transport and Maritime Affairs; |
| 2. |
State-funded local highways: The Special Self-Governing City Mayor, Do Governors or the Governor of a Special Self-Governing Province (the competent Mayor, in cases of sections located in a Special Metropolitan City or a Metropolitan City); |
| 3. |
Other roads: administrative agencies which have approved the routes. |
| (2) |
Notwithstanding paragraph (1), a road management agency of higher grade roads in the jurisdiction of a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si shall be a Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si: Provided, That this shall not apply to any of the following cases: <Amended by Act No. 10156, Mar. 22, 2010; Act No. 11471, Jun. 1, 2012> |
| 2. |
National highways or local highways in Eup/Myeon regions; |
| 4. |
Alternative bypass to a national highway. |
law view
| Article 20-2 (Designation of Designated National Highways) |
|
| (1) |
If deemed necessary to maintain the functions of key road networks of national highways, the Minister of Land, Transport and Maritime Affairs may designate part of national highways in a Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Special Self-Governing Province, or a Si region (excluding Eup/Myeon regions) as a designated national highway, as prescribed by Presidential Decree. In such cases, the Minister of Land, Transport and Maritime Affairs shall be the road management agency thereof. <Amended by Act No. 11471, Jun. 1, 2012> |
| (2) |
When the Minister of Land, Transport and Maritime Affairs intends to designate as prescribed in paragraph (1) (including modification and revocation; hereafter the same shall apply in this Article), he/she shall hear opinions from a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, the head of a Special Self-Governing Province, or the head of a Si who has jurisdiction over the part of the national highway referred to in paragraph (1). <Amended by Act No. 11471, Jun. 1, 2012> |
| (3) |
When the Minister of Land, Transport and Maritime Affairs has designated a designated national highway, he/she shall publicly announce the route number, name, starting point, terminal point, major route ways, and other necessary matters of the designated national highway. |
| (4) |
Criteria and procedures for designation of national highways and management standards thereof shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10156, Mar. 22, 2010]
law view
| Article 21 (Consultation and Ruling on Management) |
|
| (1) |
A management agency and management methods concerning roads, the routes of which have been approved under Article 16, or concerning roads on the boundary of administrative sections may be separately determined upon consultation among the relevant administrative agencies. |
| (2) |
Where agreement cannot be reached in consultation referred to in paragraph (1), the relevant administrative agencies may apply for a ruling to the Minister of Land, Transport and Maritime Affairs, in cases of roads on the boundary of the Special Metropolitan City, a Metropolitan Cities, the Special Self-Governing City or Do, or a Special Self-Governing Province, and to the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor or Do Governor in cases of other roads. <Amended by Act No. 11471, Jun. 1, 2012> |
| (3) |
Where a ruling referred to in paragraph (2) has been made, consultation referred to in paragraph (1) shall be deemed made. |
| (4) |
Any relevant administrative agencies shall publicly announce the details of consultation or ruling referred to in paragraph (1) or (2). |
law view
| Article 22 (Establishment of Basic Plans of Road Upgrade) |
|
| (1) |
Each road management agency shall establish a ten-year unit road upgrade plan, setting long-term directions for upgrading roads (hereinafter referred to as "basic plan") under its jurisdiction. |
| (2) |
The basic plan shall include each of the following matters: |
| 1. |
Objectives of and direction-setting for upgrading roads; |
| 2. |
Programs for upgrading and managing roads; |
| 3. |
Environmentally-friendly means to build roads; |
| 4. |
Funding plans of financial resources; |
| 5. |
Other matters that the Minister of Land, Transport and Maritime Affairs or a road management agency deems necessary to systematically upgrade roads. |
| (3) |
Each road management agency shall review its basic plan every five years from the date of planning to determine its feasibility, and if necessary, revise it. |
| (4) |
Where a road management agency intends to prepare or revise a basic plan, it shall consult with the heads of the relevant administrative agencies (if the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor or the Governor of a Special Self-Governing Province is the road management agency, the Minister of Land, Transport and Maritime Affairs shall be included, and if the head of a Si/Gun/Gu is the road management agency, the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor or a Do Governor shall be included, respectively). <Amended by Act No. 11471, Jun. 1, 2012> |
| (5) |
Where a road management agency has prepared or revised a basic plan pursuant to paragraph (1), it shall publicly announce such fact, as stipulated by Ordinance of the Land, Transport and Maritime Affairs. |
law view
| Article 23 (Construction, Maintenance, etc. of Roads) |
|
| (1) |
Road works concerning new construction, reconstruction or repairs (hereinafter referred to as "road works") and the maintenance thereof shall be implemented by the road management agency of such roads, except as otherwise provided in this Act or other Acts: Provided, That the Minister of Land, Transport and Maritime Affairs may permit that affairs related to the new construction, remodeling, repair and maintenance of certain national highways determined by Presidential Decree from among national highways may be implemented by a Do Governor or the Governor of a Special Self-Governing Province, as prescribed by Presidential Decree. <Amended by Act No. 9730, May 27, 2009> |
| (2) |
The Minister of Land, Transport and Maritime Affairs shall make a work plan in order to ensure the efficient construction of the national highways (excluding the national highways to which Article 22 (2) applies), alternative bypasses to national highways or State-funded local highways, and shall make a survey and plan in conformity therewith. The road management agency shall follow the work plan, survey and plan made by the Minister of Land, Transport and Maritime Affairs, in constructing alternative bypasses to national highways and State-funded local highways. In such cases, a work plan shall be made every five years. |
| (3) |
A survey and plan for the sections of State-funded local highways within the Special Metropolitan City or a Metropolitan City shall be conducted by the Special Metropolitan City Mayor or a Metropolitan City Mayor, notwithstanding the former part of paragraph (2). In such cases, with regard to the design, approval by the Minister of Land, Transport and Maritime Affairs shall be obtained. |
| (4) |
To make a work plan under paragraph (2), the Minister of Land, Transport and Maritime Affairs shall hear the opinions of the Minister of Public Administration and Security and the competent management agency, and if necessary for efficiently promoting the construction of alternative bypasses to national highways and State-funded local highways, he/she may request the said management agency to present necessary materials. |
| (5) |
Where the Minister of Land, Transport and Maritime Affairs has made a work plan as referred to in paragraph (2), he/she shall make a public announcement thereof on the information and communications networks under his/her control. |
law view
| Article 23-2 (Improvement of Traffic Congestion on Roads in Metropolitan Areas) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs shall formulate improvement plans by each area every five years for the sections needed improvements in order to relieve traffic congestion and enhance the circulation of logistics as major roads within metropolitan areas (hereinafter referred to as "traffic congested metropolitan roads") among the roads of which local governments are the road management agencies. |
| (2) |
The improvement plans under paragraph (1) (hereinafter referred to as "project plans" in this Article) shall include the matters of the following subparagraphs: |
| 1. |
Goals of the project plan; |
| 2. |
Roads subject to the project plan; |
| 4. |
Total scale of investments required to carry out the project plan; |
| 5. |
Measures to procure financial resources required to carry out the project plan; |
| 6. |
Other matters prescribed by Presidential Decree. |
| (3) |
The Minister of Land, Transport and Maritime Affairs shall consult with the heads of a central administrative agency and a local government concerned when he/she intends to formulate project plans. |
| (4) |
A road management agency shall formulate and carry out detailed project plans every year for the improvement of traffic congested metropolitan roads according to the project plans. |
| (5) |
The Minister of Land, Transport and Maritime Affairs may subsidize part of expenses required for a road management agency to carry out the detailed project plans under paragraph (4), as prescribed by Presidential Decree. |
| (6) |
Necessary matters, such as standards for designation of the traffic congested metropolitan roads and methods of management thereof, shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10156, Mar. 22, 2010]
law view
| Article 24 (Determination of Road Zones) |
|
| (1) |
When a road route is assigned or any publication of approval or modification is made, a road management agency shall promptly determine a road zone. |
| (2) |
A management agency of higher grade roads may determine a road zone for a junction or connective section with a lower grade road that meets or connects to a higher grade road, notwithstanding paragraph (1). In such cases, consent of the management agency of lower grade roads shall be obtained in advance. |
| (3) |
A road management agency shall, in determining a road zone in accordance with paragraph (1) or (2), publish such determination, explicitly providing drawings, funding, the term of project and other matters prescribed by Presidential Decree, in accordance with Ordinance of the Ministry of Land, Transport and Maritime Affairs and make the drawings accessible to the public. The same shall apply to cases where a road zone is modified. |
law view
| Article 24-2 (Listening to Opinions of Resident, etc.) |
|
| (1) |
When a road management agency intends to determine or modify a road zone under Article 24, it shall give public notice in advance and listen to opinions of residents, related experts, etc: Provided, That this shall not apply to the modification of minor matters prescribed by Presidential Decree. |
| (2) |
Matters necessary for giving public notices and listening to opinions of residents, related experts, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 11471, Jun. 1, 2012]
law view
| Article 24-3 (Restrictions, etc. on Conducts) |
|
| (1) |
Any person who intends to engage in any conduct prescribed by Presidential Decree, such as constructing a building, establishing a structure, changing the form and quality of land, collecting soil, dividing land or piling up things in an area or a road zone with respect to which a public notice under Article 24-2 is given shall obtain a permit from the Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province, the head of a Si/Gun or the head of an autonomous Gu. The same shall also apply when he/she intends to modify permitted matters. |
| (2) |
Notwithstanding paragraph (1), anyone may engage in any of the following conducts without a permit: |
| 1. |
Taking emergency measures necessary for disaster restoration or disaster settlement; |
| 2. |
Other conducts prescribed by Presidential Decree. |
| (3) |
With respect to any conduct which has obtained or is required not to obtain a permit pursuant to the related Act and subordinate statute as at the time of the decision or public notice of a road zone as a conduct requiring a permit under paragraph (1), any person who has started the construction or project may continue to implement it, after reporting to the relevant road agency. |
| (4) |
A road agency may issue an order to a person who has engaged in a conduct under paragraph (1) without a permit to reinstate. In such cases, when a person in receipt of such order fails to comply therewith, the road agency may execute it vicariously in accordance with the Administrative Vicarious Execution Act. |
| (7) |
Notwithstanding paragraph (1), where no public notice is given on the determination of a road zone within five years from the date the public notice on listening to opinions of residents, etc. has been given, a conduct provided in the same paragraph may be engaged in without a permit. |
[This Article Newly Inserted by Act No. 11471, Jun. 1, 2012]
law view
| Article 25 (Constructive Authorization, Permission, etc. under other Acts) |
|
| (1) |
When a management agency determines or modifies a road zone under Article 24, matters which have been consulted with the relevant agency under paragraph (2), including any of the following permission, authorization, licenses, approval, rescission, decision, consent or consultation (hereinafter referred to as "authorization, permission, etc."), shall be deemed granted with such authorization, permission, etc. and when the decision or modification of a road zone has been publicly announced, authorization, permission, etc. under the following applicable Acts shall be deemed publicly notified or announced: <Amended by Act No. 9763, Jun. 9, 2009; Act No. 10001, Feb. 4, 2010; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010> |
| 3. |
Deleted. <by Act No. 10272, Apr. 15, 2010> |
| (2) |
Where a management agency determines or modifies any road zone under Article 24, it shall consult with the heads of the relevant administrative agencies in advance, where it has matters falling under each subparagraph of paragraph (1), and the heads of the relevant administrative agencies, in receipt of a request for consultation, shall present their opinions within 20 days after receipt of such request. If no opinion is presented within the period, they shall be deemed to have no opinion. In such cases, no heads of relevant administrative agencies shall comply with any consultation, in violation of standards for authorization, permission, etc. as prescribed in the relevant Acts. <Amended by Act No. 11471, Jun. 1, 2012> |
| (3) |
The head of a relevant administrative agency in charge of matters falling under any subparagraph of paragraph (1) shall notify the Minister of Land, Transport and Maritime Affairs of standards for dealing with such matters. The same applies to any modification thereof. |
| (4) |
The Minister of Land, Transport and Maritime Affairs shall, upon being notified as prescribed in paragraph (3), integrate and publicly announce them. |
law view
| Article 26 (Acting on Behalf of Superior Offices) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs may, where deemed especially necessary, implement road works managed by the administrative agency concerned under conditions prescribed by Presidential Decree: Provided, That the same need not apply to Si roads, Gun roads and Gu roads. |
| (2) |
The Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors may, if deemed especially necessary, implement road works managed by heads of Sis/Guns/Gus. |
law view
| Article 27 (Use and Permanent Closure of Roads) |
|
To open or permanently close roads, a road management agency shall announce it publicly as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and have the drawing for public access: Provided, That if the routes overlapping existing roads have been assigned, approved or modified, the same shall not apply to the overlapping part of the road.
law view
| Article 28 (Closure of Existing National Highway Sections after Opening of Alternative Bypasses to National Highways, etc.) |
|
| (1) |
Where a road management agency opens national highways or alternative bypasses to national highways that have been newly constructed under Article 27, it shall terminate the use as national highways with regard to the sections of existing highways, under the same Article: Provided, That this shall not apply where the continuous use of the existing national highways is required. <Amended by Act No. 10156, Mar. 22, 2010> |
| (2) |
The management agency of the sections of national highways to be closed under paragraph (1) shall notify the competent Do Governor or the head of a Self-Governing Province of the area in which the said sections are located of such closure. In such cases, the Do Governor or the head of a Self-Governing Province, upon receiving such notification, shall approve a new route for the section of a national highway to be closed and manage such route as a management agency of the new road. |
| (3) |
Where it is difficult to approve a route on the road under paragraph (2), a Do Governor shall notify the head of a competent Si/Gun "of such facts without delay. In such cases, the heads of Sis/Guns, upon receiving such notification, shall approve a new route for the section of a national highway to be closed and manage such route as a management agency of the new road. |
law view
| Article 29 (Order of Implementation of Works by Managers of other Structure) |
|
If roads serve concurrently as other structures, a road management agency may order managers of other structures to implement road works or maintain roads.
law view
| Article 30 (Implementation of Works on other Structures) |
|
| (1) |
If other structures concurrently serve as roads, a road management agency may implement works concerning other structures or maintenance thereof. |
| (2) |
Works concerning other structures, or maintenance thereof under paragraph (1), shall be considered as road works or maintenance thereof. |
law view
| Article 31 (Order for Implementation of Works to Obliged Persons) |
|
Where road works become necessary due to any works other than road works (hereinafter referred to as "other works") or any acts other than road works (hereinafter referred to as "other acts"), a road management agency may have the conductor of such other works or other acts implement road works.
law view
| Article 32 (Implementation of Appurtenant Works) |
|
| (1) |
A road management agency may implement road works concurrently with other works required on account of road works or for executing road works. |
| (2) |
Other works to be implemented under paragraph (1) shall be considered as road works. |
law view
| Article 33 (Order for Implementation of Works by Public Organizations, etc.) |
|
A road management agency may have public organizations or private persons having direct interests in roads implement minor repair of roads or maintenance thereof, as prescribed by Presidential Decree.
law view
| Article 34 (Implementation of Works by Person other than Management Agency) |
|
| (1) |
Any person who is not a road management agency may implement road works or maintenance thereof after obtaining permission from the relevant road management agency: Provided, That in any of the following cases, the permission therefor from a road management agency is not required: |
| 1. |
Where implementing road works on a junction or connective section of higher grade roads that meets, or connects to higher grade roads, in the implementation of works on higher grade roads by a management agency of higher grade roads. In such cases, consultation shall be held in advance with the management agency of lower grade roads; |
| 2. |
Where conducting minor maintenance of roads as prescribed by Presidential Decree. |
| (2) |
Standards for granting permission under paragraph (1) shall be prescribed by Presidential Decree. |
law view
| Article 35 (Acting on Behalf of Authority) |
|
Where the Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors implement road works under Article 26, they may act on behalf of the management agencies of such roads, as prescribed by Presidential Decree. The same shall also apply in cases where the administrative agencies manage roads beyond their competent areas, upon consultation as referred to in Article 21.
law view
| Article 36 (Road Registry) |
|
| (1) |
A road management agency shall prepare a registry of roads appertaining to its management and retain it. |
| (2) |
Matters necessary for a road registry, such as preparation, entries and retainment shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
law view
| Article 37 (Road Structures, Facilities, etc.) |
|
| (1) |
The structures and facilities of roads and the maintenance, safety inspections and repairs of roads shall conform to standards determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
| (2) |
The Minister of the Land, Transport and Maritime Affairs shall, when he/she intends to determine the standards referred to in paragraph (1), make efforts to minimize damages to natural ecosystem resulting from the road construction work and to ensure the safety of road structures and traffic. |
CHAPTER IV OCCUPATION AND USE OF ROADS
law view
| Article 38 (Occupation and Use of Roads) |
|
| (1) |
Any person who intends to build, rebuild, modify or remove structures, articles or other facilities in a road zone, or to occupy and use the roads for other purposes shall obtain permission from the relevant road management agency. The same shall apply where he/she intends to extend or alter the period of matters permitted. <Amended by Act No. 10156, Mar. 22, 2010> |
| (2) |
Matters necessary for the types of structures, articles and other facilities that are eligible for permission under paragraph (1) and the standards for the occupation and use of the roads, etc. shall be prescribed by Presidential Decree. |
| (3) |
Where a person who has obtained permission for the occupation and use of the roads under paragraph (1) has completed construction works accompanied with excavation and other modification of the form and quality of the roads, he/she shall obtain confirmation from a road management agency, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That if he/she has completed construction works for installing a major underground facility prescribed by Presidential Decree (hereinafter referred to as "major facility installed underground"), he/she shall submit a construction layout to the road management agency, and the management agency shall keep and manage it, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
| (4) |
Where a road management agency grants permission for occupation and use, including excavation works, of the roads, under which a major facility has been installed, it shall inform the manager of the major facility installed underground of such permission. |
| (5) |
Where a person who has obtained permission for occupation and use of roads under paragraph (1) intends to implement excavation works in the road with a major facility installed underground, he/she shall implement such works in the presence of a manager of the major facility installed underground. |
| (6) |
Any person who has obtained permission for occupation and use of a road under paragraph (1) in order to build, rebuild, modify or remove structures, articles or other facilities (including access roads of vehicles) prescribed by Presidential Decree, or to occupy and use a road for other purposes, shall prepare measures to prevent any safety accident for pedestrians, such as installation of safety signs, as prescribed by Presidential Decree. <Newly Inserted by Act No. 11471, Jun. 1, 2012> |
law view
| Article 38-2 (Revocation of Permission for Occupation and Use of Roads) |
|
| (1) |
When any person who has obtained permission for occupation and use of a road under Article 38 (1) falls under any of the following cases, a road agency may revoke such permission for occupation and use of the road. |
| 1. |
Where he/she violates the purpose for occupation and use of a road; |
| 2. |
Where he/she fails to start construction works within one year from the date of permission for occupation and use of a road: Provided, That if there exists a justifiable ground, the start time of construction works may be extended up to one year. |
| 3. |
Where he/she fails to pay occupation and usage fees of a road under Article 41 (1); |
| 4. |
Where he/she applies for revocation of permission for occupation and use of a road. |
| (2) |
Procedures for, method of revocation of occupation and use of a road under paragraph (1) and other matters shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
[This Article Newly Inserted by Act No. 11471, Jun. 1, 2012]
law view
| Article 39 (Occupation and Use of Roads for Public Activities) |
|
A road management agency may not refuse to grant permission for the occupation and use of roads for a public project which is entitled to expropriate or use land under Acts: Provided, That the same may not apply to any of the following cases:
| 1. |
Where the volume of traffic increases substantially; |
| 2. |
Where unavoidable circumstances exist for traffic in especially narrow roads; |
| 3. |
Where other justifiable grounds exist. |
law view
| Article 40 (Acting for Road Works Involving Occupation and Use) |
|
| (1) |
If it is deemed necessary in order to sustain the structure of roads, a road management agency may implement works concerning the occupation and use of roads. |
| (2) |
In cases of paragraph (1), a road management agency shall notify in advance the details and time of works to occupying users of a road. |
| (3) |
Works concerning the occupation and use of roads as referred to in paragraph (1), shall be deemed road works. |
law view
| Article 41 (Collection of Occupation and Usage Fees) |
|
| (1) |
A road management agency may collect occupation and usage fees from an occupying user of a road under Article 38. |
| (2) |
In any of the following cases, a road management agency shall return some of occupation and usage fees to an occupying users of a road for the period which has been excluded due to reasons, such as revocation of permission, from the occupation and use fees already collected: <Newly Inserted by Act No. 11471, Jun. 1, 2012> |
| 1. |
Where permission for occupation and use of a road is revoked pursuant to Article 38-2; |
| 2. |
Where permission for occupation and use of a road is revoked pursuant to Article 83. |
| (3) |
Matters necessary for the collection and return of occupation and usage fees, such as the standard for assessment under paragraph (1), procedures for and method of returning occupation and usage fees under paragraph (2), etc. shall be prescribed by Presidential Decree in cases of national highways (excluding national highways to which Article 20 (2) applies), and by ordinances of the local government having jurisdiction over the road management agency of such roads within the extent prescribed by Presidential Decree in cases of other roads. <Amended by Act No. 11471, Jun. 1, 2012> |
law view
| Article 42 (Restrictions on Collection of Occupation and Usage Fees) |
|
If the occupation and use of roads referred to in Article 38 falls under any of the following cases, occupation and usage fees referred to in Article 41 may be reduced or exempted, as prescribed by Presidential Decree: <Amended by Act No. 11471, Jun. 1, 2012>
| 1. |
Where a nonprofit project is performed for public use or pubic interest; |
| 2. |
Where it is impractical to attain the original purpose of occupation and use due to a disaster or other special circumstances; |
| 3. |
Where a public project prescribed by Presidential Decree which has a substantial effect on the national economy is implemented; |
| 4. |
Where it is used as a passage to and from a house and is performed for nonprofit purposes. |
law view
| Article 43 (Reinstatement) |
|
| (1) |
An occupying user of a road shall reinstate the road where the period of occupation and use expires or the permission for occupation and use is revoked under Article 38-2 or 83: Provided, That the same shall not apply where such reinstatement is impossible, or deemed inappropriate. <Amended by Act No. 11471, Jun. 1, 2012> |
| (2) |
Article 38 (3) shall apply mutatis mutandisto the reinstatement of roads under paragraph (1). |
| (3) |
Where a person who has obtained permission for occupation of roads fails to perform his/her obligation to reinstate roads under the main sentence of paragraph (1), a road management agency may reinstate them by means of vicarious execution prescribed in the Administrative Vicarious Execution Act. |
law view
| Article 44 (Application to Addition of Objects) |
|
Adding a new object which may harm, or interfere with the structure of roads or traffic on a structure, object or other facilities occupying and using roads shall be deemed new occupation and use of roads.
CHAPTER V PRESERVATION OF ROADS AND PUBLIC LIABILITY
law view
| Article 45 (Act to be Prohibited on Roads) |
|
No person may engage in any of the following conducts with respect to roads, without any justifiable grounds:
| 2. |
Piling up soil or stones, bamboo or trees, or other obstacles on roads; |
| 3. |
Conduct causing any obstruction to the structure of roads or traffic. |
law view
| Article 46 (Entrance to, or Exit from and Use, etc. of Land) |
|
| (1) |
If it is necessary for the purpose of works, investigation, survey on roads, or maintenance thereof, a road management agency or a person who has been ordered or delegated by it, may enter another person's land or use it temporarily for a place to pile up materials, a passage or a local highway, and if it is especially necessary, may modify or remove bamboo or trees, or other obstacles. |
| (2) |
Any person who intends to enter another person's land under paragraph (1), shall notify it in advance to the occupant of the said land, and any person who intends to use another person's land temporarily or remove obstacles therefrom, shall notify it to the owner and occupant and then shall hear their opinion: Provided, That the same may not apply in cases where any compelling reason exists. |
| (3) |
No person may enter, before sunrise or after sunset, another person's housing lot or land enclosed by a wall or fence, without permission of the occupant of the said land. |
| (4) |
Any person who intends to enter another person's land under paragraph (1), shall carry identification indicating his/her authority, and produce it to interested persons. |
| (5) |
Matters necessary with regard to identification under paragraph (4) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
law view
| Article 47 (Use of Land, etc. at Time of Urgent Disaster) |
|
If it is deemed especially necessary for preventing the structure of roads or traffic from danger resulting from a disaster, a road management agency may request a person residing near the roads to provide labor, temporarily use land, houses or other structures required in the site of disaster, or modify or remove obstacles, or use or expropriate soil or stones, bamboo or trees, conveyers, or other things (excluding structures).
law view
| Article 48 (Expropriation of Land, etc.) |
|
| (1) |
If it is deemed necessary for implementing road works, a road management agency may expropriate or use land or buildings in road zones, objects anchored to the land or rights other than ownership of the land, buildings or objects. |
law view
| Article 49 (Designation, etc. of Clearance Zone) |
|
| (1) |
A road management agency may designate clearance zones, as prescribed by Presidential Decree, within a limit not exceeding 20 meters from the boundary lines of roads in order to prevent any damage to the structure of roads, to preserve the appearance of roads, or to prevent any danger to traffic. |
| (2) |
A road management agency shall, when designating a clearance zone under paragraph (1), notify the public of such designation without delay, and manage the clearance zone as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
| (3) |
Any of the following conducts shall be prohibited in any clearance zone: Provided, That the same may not apply to conducts prescribed by Presidential Decree: |
| 1. |
Altering the form or quality of land; |
| 2. |
Construction, renovation of or addition to buildings or other structures; |
| (4) |
In order to prevent danger to the structures of roads and the safety of traffic, a road management agency may have the owners or occupants of land, trees, facilities, buildings or structures (hereinafter referred to as the "facilities, etc.") take the following measures: |
| 1. |
Where the facilities, etc. obstruct the view, such obstacles shall be removed; |
| 2. |
Where the facilities, etc. collapse and pose, or is anticipated to pose danger to roads, such danger shall be prevented in advance and preventive facilities shall be installed if necessary; |
| 3. |
Where soil or sand is piled up, or anticipated to be piled up on roads, such soil or sand shall be removed or preventive facilities shall be installed; |
| 4. |
Where the facilities, etc. create, or are anticipated to create an obstruction to road drainage facilities, such obstacles shall be removed or preventive facilities shall be installed. |
law view
| Article 50 (Three-Dimensional Road Zones) |
|
| (1) |
Where a road management agency designates or modifies a road zone pursuant to Article 24 and it is deemed necessary to facilitate proper and reasonable land utilization in an area where such road zone is located, it may designate such road zone as a zone where the limit on the surface or subsurface is prescribed (hereinafter referred to as "three-dimensional road zone"). |
| (2) |
Where a road management agency designates a three-dimensional road zone, it shall consult with a land owner, a person holding rights other than the ownership of such land and a person holding the ownership of, or other rights to any fixtures on such land (hereinafter referred to as "owners, etc.") about the establishment or transfer of divided superficies, or no three-dimensional road zone shall be designated if agreement (limited to cases of the surface) has not been reached. In such cases, ownership and other rights which are the object of consultation, the scope of divided superficies and other matters to be included in consultation shall be prescribed by Presidential Decree. |
| (3) |
When agreement is reached in consultation about the use of the surface and subsurface under paragraph (2), a road management agency shall establish or transfer divided superficies. |
| (5) |
Matters necessary for procedures for registration of divided superficies concerning the use of the surface or subsurface of land shall be determined by Supreme Court Regulations. |
law view
| Article 51 (Three-Dimensional Zone for Road Preservation) |
|
| (1) |
A road management agency may, where it designates a road zone as a three dimensional road zone and it is deemed necessary to preserve the relevant road structures and prevent traffic hazards, designate a zone (hereinafter referred to as a "three-dimensional zone for road preservation") to protect roads by determining limits on the surface or subsurface of the road concerned. |
| (2) |
The designation of a three-dimensional zone for road preservation shall be limited only to cases where such designation is required to preserve the relevant road structures and prevent traffic hazards. |
| (3) |
A road management agency shall, when it intends to designate a three-dimensional zone for road preservation, publish the fact in advance, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, and make a drawing thereof accessible to the public. The same shall apply to cases where the road management agency intends to modify or cancel such designation. |
law view
| Article 52 (Restrictions on Conduct in Three-Dimensional Zone for Road Preservation) |
|
| (1) |
Owners or occupants of facilities, etc. located in a three-dimensional zone for road preservation shall take measures necessary to prevent such facilities, etc. from creating a hazard to road structures or traffic safety. |
| (2) |
Article 49 (4) applies mutatis mutandis to measures taken in relation to owners or occupants of facilities, etc. located in a three-dimensional zone for road preservation. |
| (3) |
Gathering soil or sand from around the pillars of elevated highways or from under or above the roads built below ground level in a three-dimensional road zone for road preservation, which is anticipated to pose a hazard to road structures and traffic safety, shall be prohibited. |
law view
| Article 53 (Request for Purchase of Lands within Clearance Zone) |
|
| (1) |
Where a clearance zone is designated within national expressways and other roads as prescribed by Presidential Decree pursuant to Article 49, the owner of land within a clearance zone the utility of which has been significantly reduced as it is impossible to be used for the previous usage due to the designation as a clearance zone, or usage and profit-making of which is de facto impossible (hereinafter referred to as "land subject to purchase"), and falls under any of the following cases, may request a road management agency to purchase relevant land: |
| 1. |
A person who has continuously owned the relevant land since the time of designation of the clearance zone; |
| 2. |
A person who has acquired and continuously owned the relevant land before the land became impossible to use or make profit; |
| 3. |
A person who inherited the relevant land from another person falling under subparagraph 1 or 2, and has owned it continuously. |
| (2) |
Where a clearance zone of higher grade roads and that of lower grade roads overlap, a request for purchase as referred to in paragraph (1) shall be made to the road management agency of higher grade roads. |
| (3) |
When a road subjected to a request for purchase as referred to in paragraph (1) falls under the standards referred to in paragraph (4), a road management agency shall purchase it. |
| (4) |
Specific criteria for determination of land utility of which is reduced as it is impossible to be used for the previous usage as referred to in paragraph (1), or usage and profit-making of which is de facto impossible shall be prescribed by Presidential Decree. |
law view
| Article 54 (Procedures for Request for Purchase) |
|
| (1) |
A road management agency shall notify a purchase requester if the relevant land is subject to purchase and the estimated purchase price, etc. within two months from the date of receiving a request for land purchase as referred to in Article 53 (1). |
| (2) |
With regard to land notified as land subject to purchase as referred to in paragraph (1), a road management agency shall make a purchase plan and purchase the relevant land, within a period of less than five years, as specified by Presidential Decree. |
| (3) |
Purchase price of land subject to purchase (hereinafter referred to as "purchase price") shall be a value assessed based on publicly notified land price under the Public Notice of Values and Appraisal of Real Estate Act at the time of a request for purchase, taking into account the rate of change in land price prescribed by Presidential Decree and the rate of increase in producers' prices and the location, appearance, environment and usage of land for a period from the standard date of the relevant public notice to the prearranged date for payment to a purchase requester. In such cases, the methods, etc. of computation shall be prescribed by Presidential Decree. |
| (4) |
Land that has been purchased under paragraphs (1) through (3) shall revert to the State if the Minister of Land, Transport and Maritime Affairs is the relevant road management agency, or to the local government to which belongs the road management agency in cases where the Minister of Land, Transport and Maritime Affairs is not the road management agency. |
| (5) |
In cases of a purchase of land under paragraphs (1) through (3), procedures for purchase and other necessary matters shall be prescribed by Presidential Decree. |
law view
| Article 55 (Payment for Expenses) |
|
| (1) |
Expenses necessary for appraisal and assessment, etc. to compute purchase prices as referred to in Article 54 (3) shall be borne by the road management agency. |
| (2) |
Where a purchase requestor withdraws his/her request for purchase without justifiable grounds, notwithstanding paragraph (1), a road management agency may have the purchase requestor bear the whole or part of the expenses for the appraisal and assessment, as prescribed by Presidential Decree: Provided, That the same may not apply to cases where the purchase price has fallen in excess of the rates prescribed by Presidential Decree, in comparison with the estimated purchase price. |
| (3) |
Where a purchase requestor has failed to pay any expenses to be borne as referred to in the main sentence of paragraph (2), these shall be collected by referring to the practices of disposition on default of national taxes or local taxes. |
law view
| Article 56 (Purchase of Land upon Consultation) |
|
| (1) |
In order to achieve the purpose of the designation of a clear recovery zone, a road management agency may, if deemed necessary, purchase land and its fixture within a clear recovery zone in consultation with the owner of land and its fixture. In such cases, Article 54 (4) shall apply mutatis mutandis to the reversion of purchased land and its fixture. <Amended by Act No. 10156, Mar. 22, 2010> |
| (2) |
Articles 67 (1), 70, 71, 74, 75, 75-2, 76, 77 and 78 (5) through (9) of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis to the time, methods and standards, etc. of computation of prices in cases of the purchase of land and its fixture within a clear recovery zone upon consultation under paragraph (1). <Amended by Act No. 10156, Mar. 22, 2010> |
law view
| Article 57 (Road Signs) |
|
| (1) |
A road management agency shall install and manage road signs in necessary locations to preserve road structures and ensure free flow of traffic. |
| (2) |
Matters necessary for road signs under paragraph (1), such as kinds, and due forms shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
law view
| Article 58 (Prohibition of, or Restriction on Passage) |
|
| (1) |
If it is deemed unavoidable on account of road-related works, or passage therethrough is deemed dangerous on account of damage to roads or other reasons, a road management agency may prohibit or restrict the passage of roads after designating a certain section. |
| (2) |
Where a road management agency intends to prohibit or restrict passage under paragraph (1), it shall install signs, clearly expressing the objects, sections, periods and reasons for restriction, and announce these publicly, as prescribed by Presidential Decree. |
law view
| Article 59 (Restriction on Operation of Vehicles) |
|
| (1) |
If it is deemed necessary in order to preserve the structure of roads and prevent danger during driving, a road management agency may restrict the operation of vehicles (referring to motor vehicles under Article 2 of the Motor Vehicle Management Act and construction machinery under Article 2 of the Construction Machinery Management Act; hereinafter the same shall apply), as prescribed by Presidential Decree: Provided, That the same may not apply to the operation permitted by a management agency on account of the characteristics of the structure of a vehicle or loaded freight. |
| (2) |
A driver of a vehicle (including an operator of construction machinery; hereinafter the same shall apply) may not violate restriction on operation under paragraph (1). |
| (3) |
A lessee of a vehicle lease contract (in cases of construction work, referring to a contractor, sub-contractor, or work participant under the Framework Act on the Construction Industry; hereinafter the same shall apply), who is the actual person managing the loading of cargo on vehicle, shall manage operation so as to have a leased vehicle with loaded cargo not to operate in violation of restriction on operation under paragraph (1). |
| (4) |
A road management agency may request a driver to have the quantity of load measured and present relevant documents in order to verify any violation of restriction on operation under paragraph (1), and the driver shall comply with it, unless justifiable reasons exist. |
| (5) |
Where a road management agency intends to permit the operation of vehicles pursuant to the proviso to paragraph (1), it shall take into account the types of vehicles and the condition of roads on which the vehicles are to be operated, pursuant to procedures set by Presidential Decree, and the road management agency may grant permission for the operation of vehicles on condition, such as the routes, hours or methods of operation, payment for costs, etc. for the repair or reinforcement of road structures, etc. |
| (6) |
A road management agency may demand a driver to accompany the relevant public official in the same vehicle to measure the quantity of load under paragraph (4). In such cases, the driver shall comply with such demand unless any justifiable reasons exist. |
| (7) |
Article 58 (2) shall apply mutatis mutandis to the restriction on the operation of vehicles under paragraph (1). |
law view
| Article 60 (Prohibition, etc. of Obstruction in Measuring Quantity of Load) |
|
| (1) |
Any driver of a vehicle shall be prohibited from obstructing the measurement of the quantity of load on the vehicle by means of operating equipment of the vehicle or other means prescribed by Presidential Decree. |
| (2) |
Where a management agency finds that a driver has violated paragraph (1), it may demand a re-measurement. In such cases, the driver shall comply with such demand unless any justifiable reasons exist. |
law view
| Article 61 (Designation of Motorways) |
|
| (1) |
A road management agency may designate roads (excluding national expressways) impeding the free flow of vehicles due to substantial traffic congestion, or particular sections of roads, if necessary for the free flow of traffic, as motorways or motor zones (hereinafter referred to as "motorways"), as prescribed by Presidential Decree. In such cases, if two or more management agencies are managing roads to be designated, all relevant management agencies shall designate them collectively. |
| (2) |
To designate motorways, another road used for general traffic connecting the relevant sections shall exist. |
| (3) |
In designating motorways pursuant to paragraph (1), if the Minister of Land, Transport and Maritime Affairs is the road management agency, the opinion of the Commissioner of the National Police Agency shall be heard. If the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province is the road management agency, the opinion of the Commissioner of the Regional Police Agency shall be heard while the head of a Si/Gun/Gu is the road management agency, the opinion of the chief of a police station shall be heard. <Amended by Act No. 11471, Jun. 1, 2012> |
| (4) |
If a road management agency designates a motorway or motor zone pursuant to paragraph (1), it shall publicly announce it, as prescribed by Presidential Decree. The same shall also apply to the modification or rescission of such designation. |
| (5) |
Matters necessary for the designation of motorways, such as the structure and standards for facilities of motorways shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. |
law view
| Article 62 (Restriction on Entering or Passing Motorways) |
|
| (1) |
No person may enter or pass along any motorway by any means other than in a motor vehicle. |
| (2) |
A road management agency shall install road signs, clearly stating the conduct to be prohibited, or restricted on passage at the entrance or other necessary locations along motorways. |
| (3) |
A road management agency may order an offender of paragraph (1) to discontinue such offense or other measures necessary for the prevention of any traffic hazard. |
law view
| Article 63 (Road Managers) |
|
| (1) |
If it is necessary for the efficient management and safety of roads, a road management agency may appoint road managers from among public officials under its control. |
| (2) |
A road manager may order the discontinuation of works or the rebuilding, transfer, removal of structures or other objects, or order to take measures necessary to prevent hazards or injury, which may be brought by the structures or objects, to any of the following persons: |
| 2. |
Any person who has violated a disposition taken under Articles 49 (4), 52 (2), 58 (1), 59 or 62 (3). |
| (3) |
Any person who intends to order the discontinuation of works or take the measures for the safety, etc. of roads under paragraph (2), shall carry identification proving his/her authority and display it to interested persons. |
| (4) |
Article 46 (5) shall apply mutatis mutandis to forms of identification as referred to in paragraph (3). |
law view
| Article 64 (Methods of Intersecting and Connection with other Facilities) |
|
| (1) |
In intersecting roads for motor vehicles or the roads prescribed by Presidential Decree with other roads, railroads, tramways, passages provided for traffic, or other facilities, braided intersection facilities shall be constructed unless any special circumstances exist. |
| (2) |
Any person who intends to connect, roads for motor vehicles or the roads prescribed by Presidential Decree under paragraph (1) with other roads, passages or other facilities, shall obtain permission from a road management agency. The same shall also apply to cases of the modification of permitted matters. |
| (3) |
Necessary matters including standards and procedures for permission under paragraph (2) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs in cases of national highways (excluding national highways applicable to Article 20 (2)), and by Municipal Ordinance of each local government to which the road management agency belongs in cases of other roads. |
| (4) |
When a road management agency grants permission under paragraph (2), if the connection of roads, passages or other facilities is anticipated to create heavy traffic, or it is deemed necessary to install other facilities for traffic systems, the road management agency may have a person, who has obtained permission for the connection of the said facilities, take measures necessary for the flow of traffic, such as the installation and management, etc. of facilities. |
| (5) |
Where permission for connecting roads, etc. is granted under paragraph (2), it shall be deemed to have received permission for occupation and use of the roads under Article 38. <Newly Inserted by Act No. 10156, Mar. 22, 2010> |
law view
| Article 65 (Special Cases in Application of Administrative Vicarious Execution) |
|
| (1) |
Where roads are unlawfully occupied and used repeatedly or chronically or urgent implementation is necessary so that a road management agency is facing difficulty, if it undergoes procedures as referred to in Article 3 (1) and (2) of the Administrative Vicarious Execution Act, to accomplish the purposes thereof, it may take necessary measures, such as removal, etc. of piles, without the said procedures. |
| (2) |
Vicarious execution as referred to in paragraph (1) shall only be limited to the least extent necessary for the management of roads. |
| (3) |
Matters necessary for the custody and disposal of piles, etc., removed by vicarious execution under paragraphs (1) and (2), and matters concerning the reversion of unreturned piles, etc. shall be prescribed by Presidential Decree. <Amended by Act No. 9730, May 27, 2009> |
CHAPTER VI EXPENSES FOR, AND PROFITS FROM ROADS
law view
| Article 66 (Scope of Expenses and Profits) |
|
The scope of expenses for and profits from roads shall be prescribed by Presidential Decree.
law view
| Article 67 (Principle of Expense Allotment) |
|
The expenses for roads, except as otherwise provided in this Act or other Acts, shall be borne by the National Treasury in cases of those related to roads managed by the Minister of Land, Transport and Maritime Affairs, and by the local government having control over the relevant management agency in cases of those related to other roads: Provided, That the expenses necessary in cases of the proviso to Article 23 (1) shall be borne by the National Treasury.
law view
| Article 68 (Share of Expenses on Alternative Bypasses to National Highways, etc.) |
|
| (1) |
Notwithstanding Article 67, the expenses required to build alternative bypasses to and branch lines of national highways may be partially imposed on the local governments having jurisdiction over the sections through which such roads pass, as prescribed by Presidential Decree. <Newly Inserted by Act No. 10156, Mar. 22, 2010> |
| (2) |
Notwithstanding Article 67, the expenses required for construction, maintenance, and management of State-funded local highways shall be partially subsidized from the National Treasury as prescribed by Presidential Decree: Provided, That construction cost of the State-funded local highways which are not included in the project plans referred to in Article 23 (2) may be borne by the road management agency of the relevant road. <Amended by Act No. 10156, Mar. 22, 2010> |
| (3) |
Management agencies of State-funded local highways to be constructed under paragraph (2) shall secure a sufficient budget in order to efficiently carry out the projects. <Amended by Act No. 10156, Mar. 22, 2010> |
law view
| Article 69 (Allotment Orders to Special Metropolitan City, etc.) |
|
The Minister of Land, Transport and Maritime Affairs may, under Article 67, have the Special Self-Governing City, a Do or the Special Self-Governing Province where such roads are located or the Special Metropolitan City, a Metropolitan City, the Special Self-Governing City, Do or the Special Self-Governing Province which profits from such roads, bear some expenses incurred in relation to roads borne by the National Treasury, as prescribed by Presidential Decree. <Amended by Act No. 11471, Jun. 1, 2012>
law view
| Article 70 (Expenses for Roads, etc. on Border) |
|
| (1) |
A share in, and allotment methods for expenses concerning roads where the routes of which have been approved under Article 16, or roads on the border of administrative zones, may be determined through consultation among the local governments concerned, notwithstanding Article 67. |
| (2) |
Article 21 (2) shall apply mutatis mutandis to cases of paragraph (1). |
law view
| Article 71 (Expenses for Agency Works) |
|
| (1) |
Expenses incurred when the Minister of Land, Transport and Maritime Affairs implements road works under Article 26 (1), shall be borne by the National Treasury. |
| (2) |
The Minister of Land, Transport and Maritime Affairs may, as prescribed by Presidential Decree, have a local government having control over the management agency bear some expenses referred to in paragraph (1). |
| (3) |
Article 69 shall apply mutatis mutandisin cases referred to in paragraph (2). |
law view
| Article 72 (Expenses for Agency Works) |
|
| (1) |
Necessary expenses in cases where the Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors implement works concerning roads under Article 26 (2), shall be borne by the Special Metropolitan City, Metropolitan Cities or Dos. |
| (2) |
Article 71 (2) shall apply mutatis mutandis in cases of paragraph (1). |
law view
| Article 73 (Allotment Order to Si/Gun/Gu) |
|
A Si/Gun/Gu making profits from roads may, as prescribed by Presidential Decree, be made to bear a part of expenses to be borne by the Special Metropolitan City, Metropolitan City or Do under Articles 67 through 71. The same shall also apply to expenses concerning roads to be borne by a Si/Gun/Gu under Article 72 (2).
law view
| Article 74 (Expenses for Works Implemented by Manager of other Structures) |
|
| (1) |
The expenses necessary for road works and maintenance thereof which a management agency has had the manager of other structures implement under Article 29, shall be borne by a person obligated to bear the expenses under this Act. |
| (2) |
In cases of paragraph (1), if the manager of other structures makes profits from such road works or maintenance, the management agency may have the manager of other structures, within the limit of his/her profits, bear a part of the expenses as referred to in paragraph (1). |
law view
| Article 75 (Expenses for Construction Works of other Structures) |
|
The expenses necessary for works or maintenance of other structures implemented by a road management agency under Article 30, shall be borne by the manager of such structures: Provided, That in cases where a local government having control over a management agency makes profits from such structures, a part of the expenses may be borne by the said local government within the limits of its profits.
law view
| Article 76 (Amount Obliged Person to Pay) |
|
| (1) |
The whole or part of the expenses of road works incurred due to other works or other acts may be borne by a person who is obliged to bear the expenses of such other works or acts. <Amended by Act No. 11471, Jun. 1, 2012> |
| (2) |
Matters necessary for collection, etc. of the expenses under paragraph (1) shall be prescribed by the Minister of Land, Transport and Maritime Affairs or Municipal Ordinances of local governments. <Newly Inserted by Act No. 10156, Mar. 22, 2010> |
law view
| Article 77 (Expenses for and Implementation of Appurtenant Works) |
|
| (1) |
The whole or a part of the expenses incurred by other works required on account of, or in order to implement road works, except in cases where any special condition is attached to the permission (including cases of occupying and using roads under consultation or approval as referred to in Article 5) granted under Article 38, shall be borne by the person obligated to bear such expenses for roads under this Act to the extent that he/she gives rise to such need and such works shall be implemented directly by the former: Provided, That the person whose occupation and usage fees have been reduced and exempted under subparagraph 3 of Article 42, shall bear and implement directly the whole of the expenses for other works which have been necessitated on account of such occupation and use, in cases where a road management agency implements the road works (including the Korea Highway Corporation's vicariously exercising the authority of the Minister of Land, Transport and Maritime Affairs as defined in the Motorway Act, and the person implementing a private investment project for roads, who is a business operator as referred to in the Act on Public-Private Partnerships in Infrastructure). <Amended by Act No. 9730, May 27, 2009> |
| (2) |
Where road works as referred to in paragraph (1) have been made necessary on account of other works or acts, Article 76 shall apply mutatis mutandis to the expenses for such works. |
law view
| Article 78 (Expenses for Repair and Maintenance Implemented by Public or Private Entity) |
|
| (1) |
Where a public or private entity implements works as referred to in Article 33, the expenses shall be borne by such public or private entity. |
| (2) |
A road management agency may have a person obligated to bear the expenses concerning roads bear a part of the expenses referred to in paragraph (1), as prescribed by Presidential Decree. |
law view
| Article 79 (Expenses for Works Implemented by Person other than Management Agency) |
|
| (1) |
The expenses incurred in the works and maintenance of roads as referred to in Article 34 shall be borne by a contractor or participant of such works. |
| (2) |
A part of expenses necessary for road works as referred to in paragraph (1) may be assisted by the National Treasury in cases of those related to national highways and by such local government in cases of those related to other roads. |
law view
| Article 80 (Necessary Expenses for Performance of Duties) |
|
The expenses necessary for the performance of duties under this Act or any order or Municipal Ordinance issued under this Act or any disposition taken thereby, shall be borne by a person under such duties, except as otherwise provided in this Act.
law view
| Article 81 (Subsidies for Expenses) |
|
If deemed particularly necessary to maintain road networks, the Minister of Land, Transport and Maritime Affairs may subsidize some expenses incurred in relation to roads, other than national highways, as prescribed by Presidential Decree. The same shall also apply to expenses incurred in relation to national highways borne by the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, the Special Self-Governing Province or Sis under Article 20 (2). <Amended by Act No. 11471, Jun. 1, 2012>
law view
| Article 82 (Reversion of Charges, etc.) |
|
| (1) |
Charges for expenses concerning roads shall revert to the National Treasury in cases of those having been ordered to bear such by the Minister of Land, Transport and Maritime Affairs, and to the local government having jurisdiction over such management agency in cases of those having been ordered to bear such by other management agencies: Provided, That the charges as referred to in the proviso to Article 75 or 78 (2) shall revert to a manager of other structures, the public or private entity. |
| (2) |
Tolls, occupation and use fees or other profits concerning roads shall revert to the National Treasury in cases of those accruing from roads managed by the Minister of Land, Transport and Maritime Affairs, and to the local government having control over a management agency in cases of those accruing from roads managed by a road management agency other than the Minister of Land, Transport and Maritime Affairs. |
law view
| Article 83 (Dispositions against Violators, etc. of Acts and Subordinate Statutes) |
|
With respect to any of the following persons, a road management agency shall revoke permission or approval granted to him/her pursuant to this Act, to suspend the effect of such permission or approval, to change the terms of such permission or approval, to reinstall structures and to remove articles, take other disposition against him/her, or order him/her to take necessary measures:
| 1. |
A person who has violated Article 4, 5, 34, 38, 43, 45, 49 (3), 52, 58, 59, 62 or 64; |
| 2. |
A person who has obtained permission or approval provided in Articles 5, 34, 38, 59 or 64 by false or other illegal means. |
law view
| Article 84 (Dispositions for Public Interest) |
|
In any of the following cases, a road management agency shall take a disposition provided in Article 83 against any person who has obtained permission or approval pursuant to this Act or order him/her to take necessary measures:
| 1. |
Where it is required due to the modification of circumstances of roads; |
| 2. |
Where it is required to implement works concerning roads; |
| 3. |
Where it is required to remove or reduce dangers to any road structure and traffic safety; |
law view
| Article 85 (Hearings) |
|
Where the road management agency intends, pursuant to Article 83 or 84, to cancel the permission for works implementation which a person other than a road management agency has obtained pursuant to Article 34, it shall hold a hearing.
law view
| Article 86 (Disposition for Management Agency) |
|
The Minister of Land, Transport and Maritime Affairs for national highways, Special Metropolitan City roads, Metropolitan City roads or local highways; and the Special Metropolitan City Mayor, Metropolitan City Mayors or Do Governors (hereinafter referred to as the "competent supervisory government office") for the Si/Gun/Gu roads, may order the cancellation or modification of a disposition taken by a road management agency, the discontinuation of works, or take or order other necessary dispositions or measures in any of the following cases:
| 1. |
Where dispositions or works taken or conducted by a management agency violate Acts and subordinate statutes or any disposition taken by a competent supervisory government office, concerning roads; |
| 2. |
Where it is deemed especially necessary in order to preserve the structure of roads or to prevent a traffic hazard. |
law view
| Article 87 (Investigation, etc. on Matters Related to Roads) |
|
The Minister of Land, Transport and Maritime Affairs and a road management agency may have affiliated officials survey traffic information, such as the volume of traffic, road structures and other matters related to roads and provide drivers with such traffic information, such as the volume of traffic.
law view
| Article 88 (Approval by Supervisory Administrative Agency) |
|
A road management agency or a local government shall, when it intends to approve, permanently close or modify any road route, obtain approval from a supervisory administrative agency as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
law view
| Article 89 (Collection of Fees) |
|
| (1) |
Any of the following persons shall pay fees determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs or ordinances of a local government to which the relevant authority belongs: <Amended by Act No. 11471, Jun. 1, 2012> |
| 1. |
A person who applies for permission for road works under Article 34; |
| 2. |
A person who applies for permission for occupation and use of any road under Article 38; |
| 3. |
A person who applies for permission for operation of roads under the proviso to Article 59 (1). |
| (2) |
Article 42 shall apply mutatis mutandisto the reduction of, or exemption from fees referred to in paragraph (1). |
law view
| Article 90 (Compulsory Collection of Charges, etc.) |
|
| (1) |
When a person who is under obligation to pay occupation charges and other charges levied in accordance with this Act or the orders, ordinances or dispositions taken under this Act, fails to pay such charges, a road management agency shall urge him/her to pay the charges within a fixed period. |
| (2) |
In cases falling under paragraph (1), the road management agency may collect additional charges. In such cases, Articles 21 and 22 of the National Tax Collection Act shall apply mutatis mutandis to the additional charges referred to in paragraph (1). |
| (3) |
When a person who is under obligation to pay charges, other charges and additional charges, fails to pay such charges, a road management agency may collect the charges in question in accordance with the precedents of dispositions taken to collect national or local taxes in arrears. |
law view
| Article 91 (Refund of Payments Made in Error) |
|
A road management agency shall, in cases where it refunds any occupation charges, other charges or reimbursements which have been paid in error, refund them with interest added as prescribed by Presidential Decree, accruing from the day following the date of payment in error until the date of refund.
CHAPTER VIII COMPENSATION FOR LOSS
law view
| Article 92 (Compensation for Loss Due to Public Liability) |
|
| (1) |
Where a person who has suffered loss, such loss due to the disposition or restriction taken under this Act by the Minister of land, Transport and Maritime Affairs shall be compensated by the National Treasury, or due to disposition or restriction taken under this Act by other administrative agencies shall be compensated by a local government having jurisdiction over such administrative agency. |
| (2) |
The Minister of Land, Transport and Maritime Affairs or other administrative agencies shall consult with a person having suffered loss with respect to the compensation of loss as referred to in paragraph (1). |
| (3) |
Where agreement cannot be reached in consultation as referred to in paragraph (2), or it is impossible to enter into a consultation, a ruling may be applied for to the competent Land Expropriation Commission, as prescribed by Presidential Decree. |
law view
| Article 93 (Compensation for Loss Due to Supervisory Disposition) |
|
| (1) |
Article 92 shall apply mutatis mutandis to the loss due to the disposition of the road management agency as referred to in Article 84. |
| (2) |
Article 92 shall apply mutatis mutandis to losses due to the cancellation or modification of any disposition taken by a management agency on account of the disposition or order of the competent supervisory government office as referred to in Article 86. |
| (3) |
In cases of paragraph (2), if such loss has been incurred due to any disposition taken under the subparagraph 4 of Article 84, a management agency may have a person bearing the expenses incurred in the works compensate the whole or a part of such loss. |
law view
| Article 94 (Collection of Reimbursement) |
|
With respect to any person who has occupied and used any road without obtaining permission in accordance with Article 38, an amount equivalent to 120 percent of the occupation charges for the occupation period may be collected as a reimbursement. In such cases, the amount shall be collected according to the precedents of collecting road occupation charges: Provided, That where a person has occupied and used the road beyond the permitted area due to a mistake, etc. of a land surveying institution, etc. without his/her intention or negligence, the amount equivalent to the road occupation charges shall be collected, without collecting a reimbursement.
[This Article Wholly Amended by Act No. 10156, Mar. 22, 2010]
law view
| Article 95 (Delegation of Duties, etc. to Purchase Land) |
|
| (1) |
The Minister of Land, Transport and Maritime Affairs may delegate purchase of land for road building or compensation of loss to the head of the competent local government, as prescribed by Presidential Decree. |
| (2) |
Where the Minister delegates duties to purchase land or compensate losses under paragraph (1), he/she shall pay the head of the local government delegated with such duties a fee for delegation at a rate prescribed by Presidential Decree within the limit of 2/100 of the amount of money for purchase of land or compensation for loss. |
CHAPTER IX PENAL PROVISIONS
law view
| Article 96 (Penal Provisions) |
|
Any person who harms utilities of roads or inflicts any danger to traffic by damaging roads (excluding national expressways) without any justifiable reason shall be punished by imprisonment for not more than ten years or by a fine not exceeding ten million won.
law view
| Article 97 (Penal Provisions) |
|
Any of the following persons shall be punished by imprisonment for not more than two years or by a fine not exceeding seven million won: <Amended by Act No. 11471, Jun. 1, 2012>
Any person who engages in any conduct provided in the Article 24-3 (1) without a permit or permit for change under same paragraph;
| 2. |
Any person who implements road works without permission, in violation of Article 34; |
| 3. |
Any person who occupies and uses any road without permission, in violation of Article 38 (1) (excluding any person who temporarily piles up materials, etc. on roads); |
| 5. |
Any person who resists or obstructs any disposition taken by a management agency pursuant to Article 47 without any justifiable reason; |
| 8. |
Any person who passes roads, in violation of any prohibition or restriction imposed under Article 58; |
| 9. |
Any person who obstructs a measurement of the quantity of load, in violation of Article 60 (1); |
| 10. |
Any person who fails to comply with a demand for re-measurement by a management agency under Article 60 (2), without any justifiable reason; |
| 11. |
Any person who passes or enters any motorway by any means other than a motor vehicle, in violation of Article 62 (1); |
| 12. |
Any person who violates an order of a management agency issued under Article 62 (3); |
| 13. |
Any person who connects motorways or roads prescribed by Presidential Decree with other roads, passages or other facilities without permission referred to in Article 64 (2); |
| 14. |
Any person who transfers or damages road accessories without any justifiable reason. |
| 15. |
Any person who obtains permission under this Act or any order issued under this Act by any unlawful means. |
law view
| Article 98 (Penal Provisions) |
|
| (1) |
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding two million won: |
| 1. |
Any person who resists or obstructs a disposition or conduct of a management agency under Article 46 without any justifiable reason; |
| 2. |
and 3. Deleted; <by Act No. 10156, Mar. 22, 2010> |
| 4. |
Any person who fails to perform management under Article 59 (3) where a rented vehicle with loaded cargo is operated in violation of a restriction on passing under Article 59 (1); |
| 5. |
Deleted; <by Act No. 10156, Mar. 22, 2010> |
| 6. |
Any person who fails to comply with a demand of a management agency under Article 59 (6) without any justifiable reason. |
| (2) |
Deleted. <by Act No. 11471, Jun. 1, 2012> |
| (3) |
Deleted. <by Act No. 10156, Mar. 22, 2010> |
law view
| Article 99 (Penal Provisions) |
|
Any of the following persons shall be punished by a fine not exceeding five hundred thousand won:
| 1. |
Any person who has violated an order taken under Article 49 (4); |
| 2. |
Any person who has violated an order of a management agency taken under Article 83 or 84. |
law view
| Article 100 (Joint Penal Provisions) |
|
| (1) |
Where a representative, agent, employee or other workers of a corporation commits an offense as referred to in Articles 96 through 99 with respect to business of such corporation, not only the offender but the corporation shall also be fined as prescribed in respective Articles: Provided, That this may not apply to cases where the corporation has paid substantial attention to and supervision of such business, in order to prevent such violation. |
| (2) |
Where a representative, agent, employee or other workers of an individual commits an offense as referred to in Articles 96 through 99 with respect to the business of such individual, not only the offender but the individual shall also be fined as prescribed in respective Articles: Provided, That this shall not apply where the individual has paid substantial attention to and supervision of such business, in order to prevent such violation. |
law view
| Article 101 (Fines for Negligence) |
|
| (1) |
Any of the following persons shall be punished by a fine for negligence not exceeding five million won: Provided, That where a lessee of a vehicle is punished under Article 98 (1) 4, a fine for negligence on a driver or owner of the relevant vehicle may be reduced or exempted, as prescribed by Presidential Decree: <Newly Inserted by Act No. 10156, Mar. 22, 2010> |
| 1. |
Any person who violates any restriction on operation under Article 59 (1); |
| 2. |
Any person who instructs or demands the violation of a restriction on operation under Article 59 (1); |
| 3. |
Any person who fails to comply with a demand of a management agency under Article 59 (4) without any justifiable reason; |
| (2) |
Any of the following persons shall be punished by a fine for negligence not exceeding three million won: <Amended by Act No. 10156, Mar. 22, 2010; Act No. 11471, Jun. 1, 2012> |
| 1. |
Any person who occupies and uses roads in excess of the area permitted under Article 38 (1); |
| 2. |
Any person who temporarily piles articles, etc. on any road without obtaining permission for occupation and use of roads under Article 38 (1); |
| 3. |
Any person who fails to submit a construction layout referred to in the proviso to Article 38 (3) or submits a layout different from the actual one; |
| 4. |
Any person who implements excavation works with no presence of a manager under Article 38 (5). |
| 5. |
Any person who fails to prepare prevention measures of any safety accident, in violation of Article 38 (6). |
| (3) |
Any of the following persons shall be punished by a fine for negligence not exceeding five hundred thousand won: <Amended by Act No. 11471, Jun. 1, 2012> |
| 1. |
Any person who fails to report on succession under Article 4 (2); |
| 2. |
Any person who fails to obtain verification under Article 38 (3); |
| 3. |
Any person who fails to obtain the examination of reinstatement of roads under Article 43. |
| (4) |
Where a driver who violates any restriction on operation under Article 59 (1) in accordance with the instruction or request of an owner of goods, a trucking transportation business operator, a trucking transportation brokerage business operator, etc. reports the incident, so that fines for negligence are imposed on an owner of goods, a trucking transportation business operator, a trucking transportation brokerage business operator, etc. under subparagraph 2 of paragraph (1), subparagraph 1 of paragraph (1) shall not apply to the driver. <Newly Inserted by Act No. 11471, Jun. 1, 2012> |
| (5) |
Fines for negligence referred to in paragraphs (1) through (3) shall be imposed and collected by a management agency of such roads, as prescribed by Presidential Decree. <Amended by Act No. 10156, Mar. 22, 2010; Act No. 11471, Jun. 1, 2012> |
| (6) |
Deleted. <by Act No. 9730, May 27, 2009> |
law view
| Article 102 (Acting for Authority) |
|
Any person acting for the authority of a management agency under Article 35, shall be deemed a management agency for the purpose of this Chapter.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 9 (83) of the Addenda, Article 56 (2), Article 25 (1) 14, Article 9 (2) of the Addenda, Article 25 (1) 2 and Article 9 (97) of the Addenda, Article 9 (16) of the Addenda, Article 9 (99) of the Addenda, Article 9 (94) of the Addenda, and Article 9 (95), (96) and (98) of the Addenda shall enter into force on April 7, 2008, April 18, 2008, May 26, 2008, June 8, 2008, June 28, 2008, July 28, August 4, 2008, September 22, 2008, and December 28, 2008, respectively.
Article 2 (Transitional Measures concerning Enforcement Date)
Article 3 (Transitional Measures concerning Permission for Occupation and Use of Roads)
Where permission for occupation and use of roads has been obtained or applied for under the former provisions before June 1, 1993, the enforcement date of amendments to the Road Act (Act No. 4545), the former provisions shall apply, notwithstanding the amended provisions of Articles 40 (3), 45 (2) and 54-6.
Article 4 (Transitional Measures concerning Abolition of Toll Collection)
| (1) |
Where a public announcement on toll road works has been made within six months from the date on which the amended provisions of the Road Act, Act No. 5894 (hereafter referred to as the "said Act" in this Article) enter into force, in order to impose tolls on bridges, etc. under construction as of August 9, 1999, the enforcement date of the said Act, such roads shall be deemed toll roads under the Toll Road Act, notwithstanding the main sentence of Article 6 (1) of the Toll Road Act at the time when the said Act requiring a public announcement on toll road works enters into force. |
| (2) |
Bridges, etc. for which tolls are collected under the previous Articles 35 and 36 at the time when this Act enters into force shall be deemed toll roads under the Toll Road Act. |
Article 5 (Transitional Measures concerning Survey or Design of State Funded Local Highways)
Notwithstanding the amended provisions of Article 24 (3), the former provisions shall apply to the survey or design of State-funded Do road projects being implemented as of July 21, 2004 by the Minister of Construction and Transportation, the enforcement date of the amended provisions of the Road Act, Act No. 7103.
Article 6 (Transitional Measures concerning Amount to be Borne by Person who Brings Damage)
The former provisions shall apply to the amount imposed on a person who inflicts damage as of March 29, 2007, the enforcement date of the amended provisions of the Road Act, Act No. 8124.
Article 7 (General Transitional Measures concerning Dispositions, etc.)
An act by or to an administrative agency under the former provisions at the time when this Act enters into force shall be deemed an act by or with regard to an administrative agency under this Act.
Article 8 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The former provisions shall apply to violations committed before this Act enters into force, in the application of provisions on penal provisions or fines for negligence.
Article 9 Omitted.
Article 10 (Relations with other Acts or Subordinate Statutes)
Where another Act or subordinate state has cited the former Road Act, or the provisions thereof at the time this Act enters into force, if provisions corresponding thereto exist in this Act, this Act or the provisions corresponding thereto shall be deemed cited in lieu of the former provisions.
ADDENDA<Act No. 9730, May 27, 2009>
| (1) |
(Enforcement Date) This Act shall enter into force on the date of its promulgation. |
ADDENDA <Act No. 9763, Jun. 9, 2009> (Forest Protection Act)
Articles 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Act No. 10001, Feb. 4, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which one year lapses after the promulgation of this Act.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 10156, Mar. 22, 2010>
| (1) |
(Enforcement Date) This Act shall enter into force from the date on which six months lapse after the promulgation of this Act. |
| (2) |
(Transitional Measures) When applying penal provisions to the acts committed before this Act enters into force, the previous provisions shall apply. |
ADDENDA<Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act.
Articles 2 through 14 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force from the date on which six months lapse after the promulgation of this Act. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 10580, Apr. 12, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA<Act No. 11471, Jun. 1, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 6, 16, 20, 20-2, 21, 22, 61, 69 and 81 shall enter into force on July 1, 2012.
Articles 2 (Applicability to Listening to Opinions, Restriction on Conducts, etc.)
The amended provisions of Articles 24-2 and 24-3 shall apply to a road zone to be first determined or modified on or after this Act enters into force.
Articles 3 (Applicability to Consultation Process of Related Administrative Agencies)
The amended provisions of Article 25 (2) shall apply to a road zone to be first determined or modified pursuant to Article 24 on or after this Act enters into force.
Articles 4 (Applicability to Preventive Measures of Safety Accidents on Occupation and Use of Roads)
The amended provisions of Article 38 (6) shall apply to the first permission for occupation and use of a road granted on or after this Act enters into force.
Articles 5 (Transitional Measures concerning Penal Provisions or Fines for Negligence)
For the purpose of applying penal provisions or imposing fines for negligence to or upon any offense committed before this Act enters into force, the former provisions shall apply thereto.
