Toll Road Act


Published: 2012-12-18

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to promote traffic convenience and contribute to the development of the national economy by prescribing matters concerning the construction, upgrading, maintenance, management, etc. of toll roads.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "road" means a road as defined in Article 2 (1) 1 of the Road Act;
2. The term "toll road" means a road, for which tolls or usage fees are collected pursuant to this Act or Article 26 of the Act on Public-Private Partnerships in Infrastructure;
3. The term "road management agency" means any road management agency referred to in Articles 20, 20-2 and 21 of the Road Act;
4. The term "local road management agency" means a road management agency that is a local government;
5. The term "toll road management agency" means a road management agency where the relevant road management agency constructs or upgrades a toll road pursuant to Article 4, the Minister of Land, Transport and Maritime Affairs where he/she constructs or upgrades a toll road pursuant to Article 5, and a road management agency authorized to grant permission where a person, other than a road management agency, constructs or upgrades a toll road pursuant to Article 6;
6. The term "vehicle" means a motor vehicle as defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act, and construction machinery prescribed by Presidential Decree which can operate on the road, among construction machinery as defined in Article 2 (1) 1 of the Construction Machinery Management Act.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 3 (Relationship to other Acts)   print
Unless otherwise expressly provided for in this Act, the Road Act and the Motorway Act shall apply to matters concerning the construction, upgrading, maintenance, repair or other management of toll roads.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
CHAPTER II CONSTRUCTION OR UPGRADE OF TOLL ROADS
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 Article 4 (Construction or Upgrading of Toll Roads by Road Management Agencies)   print
(1) Any road management agency may construct or upgrade a road that meets all of the following matters and collect tolls from any person who drives a vehicle on such road:
1. A road on which any person driving a vehicle obtains substantial benefits;
2. A road on which any person needs not drive a vehicle, which is to be constructed or upgraded, because another road (excluding a toll road) available for use exists thereabouts;
(2) Where any of the following roads is constructed or upgraded as a toll road, such road does not need to meet the requirements provided for in the subparagraphs of paragraph (1):
1. A motorway;
2. A road for the purpose of tourism;
3. A road connecting land to an island or connecting islands.
(3) Notwithstanding the provisions of paragraphs (1) and (2), where the total amount of tolls estimated to be paid during the period for collecting tolls calculated under Article 16 (4) is less than the total amount of the principal of and interest on the costs incurred in relation to the construction, upgrading, maintenance, repair and other management of the relevant toll road (hereinafter referred to as "total amount of construction and maintenance costs"), such road shall not be constructed or upgraded as a toll road: Provided, That this shall not apply where the State or a local government provides financial support (referring to investment, funding, subsidization, etc.; hereinafter the same shall apply) in excess of the rate prescribed by Presidential Decree for the construction of such road because it deems that the construction or upgrading of the road has social or economic validity and the convenience of public transportation substantially increases due to the construction or upgrading thereof.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 5 (Construction, Upgrading, etc. of Toll Roads by Minister of Land, Transport and Maritime Affairs)   print
(1) Where any road under the jurisdiction of a local road management agency is in particularly close connection with the development of national land, the promotion of tourism, the convenience of local residents, etc., and meets the requirements provided for in Article 4, the Minister of Land, Transport and Maritime Affairs may construct or upgrade such road at his/her own expense and collect tolls, as prescribed by Presidential Decree.
(2) Where the Minister of Land, Transport and Maritime Affairs intends to construct or upgrade a toll road pursuant to paragraph (1), he/she shall obtain consent from the relevant local road management agency in advance. In such cases, the local road management agency shall be subject to a resolution of the local council as to whether to grant consent.
(3) Where the Minister of Land, Transport and Maritime Affairs constructs or upgrades a road under the jurisdiction of a local road management agency and collects tolls pursuant to paragraph (1), he/she shall assume obligations and bear expenses incurred in maintaining, repairing or managing such toll road during the period from the date following the date of completion of construction officially announced pursuant to Article 7 (2) or the date designated by a public announcement pursuant to Article 19 to the date the period for collecting tolls expires.
(4) Where the Minister of Land, Transport and Maritime Affairs constructs or upgrades a toll road pursuant to paragraph (1) or assumes obligations or bears expenses incurred in maintaining, repairing or managing such toll road pursuant to paragraph (3), he/she shall exercise the authority of the relevant local road management agency on its behalf during the relevant period, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 6 (Construction or Upgrading of Toll Roads by Non-Road Management Agencies)   print
Any person (hereinafter referred to as "non-road management agency") other than a road management agency may construct or upgrade a road meeting the requirements provided for in Article 4 (1) or (2) at his/her own expense with permission from the relevant road management agency and collect tolls, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 7 (Official Announcement of Toll Road Construction)   print
(1) Where a toll road management agency performs new construction or upgrading of a toll road provided for in Articles 4 through 6, he/she shall officially announce the kind and name of such road, and sections, kinds, the date of commencement, etc. of road construction in advance, as prescribed by Presidential Decree. The same shall also apply where it intends to modify matters officially announced.
(2) Where a toll road management agency completes all or part of construction, or discontinues construction referred to in paragraph (1), it shall officially announce the purport thereof in advance pursuant to paragraph (1).
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 8 (Connecting Toll Road to other Roads, etc.)   print
(1) Where the Minister of Land, Transport and Maritime Affairs or a local road management agency intends to connect a road he/she or it manages to a toll road managed by another local road management agency, he/she or it shall consult with the relevant local road management agency in advance.
(2) Where a toll road management agency intends to connect a road it manages to a toll road managed by the Minister of Land, Transport and Maritime Affairs, it shall obtain approval from the Minister of Land, Transport and Maritime Affairs.
(3) Where necessary to enhance the connectivity and efficiency of traffic, a toll road management agency may request a road management agency of a road directly connected to a toll road to upgrade or repair such road.
(4) Where a toll road management agency holds consultation, obtains approval or makes a request under paragraphs (1) through (3) and the right to manage a toll road referred to in Article 10 is established with respect to the relevant toll road, it shall hear the opinion of a person who has the right to manage the toll road in advance.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 9 (Cost-Sharing by Local Governments)   print
Any local government that particularly benefits from the construction, upgrading, maintenance, repair or other management of a toll road may share all or some of the costs incurred therein.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
CHAPTER III RIGHTS TO MANAGE TOLL ROADS
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 Article 10 (Establishment, etc. of Rights to Manage Toll Roads)   print
(1) Any toll road management agency may establish a right to maintain and manage a toll road and to collect tolls, occupation or use charges, etc. from persons driving on or using the toll road (hereinafter referred to as "right to manage a toll road").
(2) Any person to whom the right to manage a toll road is granted pursuant to paragraph (1) (hereinafter referred to as "person who has the right to manage a toll road") shall register his/her right with the relevant toll road management agency.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 11 (Nature of Rights to Manage Toll Roads)   print
The right to manage a toll road shall be deemed a real right and the provisions on real estate under the Civil Act shall apply mutatis mutandis to such right, except as otherwise expressly provided for in this Act.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 12 (Special Cases concerning Disposal of Mortgage)   print
No right to manage a toll road, over which a mortgage is established, shall be disposed of, without the consent of the mortgagee thereof.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 13 (Changes in Rights)   print
(1) The right to manage a toll road or the establishment, change, extinguishment of, and restrictions on the disposal of a mortgage on the right to manage the toll road shall take effect by registering any of them in the register of the rights to manage toll roads kept in the relevant toll road management agency.
(2) Matters necessary for registration referred to in paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 14 (Conduct of Affairs by Person who Has Right to Manage Toll Roads on Behalf of Toll Road Management Agencies)   print
Any toll road management agency may authorize a person who has the right to manage a toll road to conduct its affairs provided for in the Road Act and the Motorway Act, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
CHAPTER IV TOLLS
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 Article 15 (Vehicles, etc. to Pay Tolls)   print
(1) Any toll road management agency or person who has the right to manage a toll road shall collect tolls from a person who drives a vehicle on the toll road by type of vehicles prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, taking into account the structure, weight, etc. of vehicles driving on such road.
(2) Among vehicles referred to in paragraph (1), vehicles for military operations, ambulances and relief vehicles, fire-fighting vehicles and other vehicles prescribed by Presidential Decree shall be exempted from tolls only where they drive on the toll road for their original purposes, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 16 (Determination and Criteria of Tolls by Toll Road Management Agencies)   print
(1) Any toll road management agency shall determine tolls of a toll road (excluding a motorway) within the limits of benefits ordinarily obtained in terms of time and costs due to driving on the relevant toll road.
(2) The Minister of Land, Transport and Maritime Affairs shall determine tolls of each toll motorway within the limits he/she deems fair and appropriate compared with the price level, fares of other means of transportation, other public utility charges, etc.
(3) The total amount of tolls shall not exceed the total amount of construction and maintenance costs of the relevant toll road (including a national budget prescribed by Presidential Decree in order for a toll road management agency to compensate for losses and a reserve for compensating for losses appropriated in the special account of each local government pursuant to Article 24 (1)).
(4) Matters necessary for criteria and procedures for, and methods of calculating tolls of each toll road, the period for collecting tolls, the total amount of tolls, and the total amount of construction and maintenance costs and other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 17 (Determination and Criteria of Tolls by Non-Road Management Agencies)   print
(1) Any non-road management agency (including any person who purchases the right to manage a toll road from a toll road management agency; hereinafter the same shall apply) shall determine tolls, taking into account the total amount of construction and maintenance costs of the toll road, earnings from such toll road except for tolls, the period for collecting tolls, a rate of return, etc.
(2) When a non-road management agency intends to collect tolls, it shall obtain approval therefor from the relevant toll road management agency, as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs. The same shall also apply where it intends to change tolls approved.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 18 (Integrated Accounting System)   print
Where two or more toll roads meet the following requirements, a toll road management agency or a person who has the right to manage toll roads may collect tolls by deeming the relevant toll roads to be one toll road. In such cases, the person who has the right to manage toll roads shall obtain approval therefor from the relevant toll road management agency:
1. The toll road management agency or the person who has the right to manage toll roads shall be the same entity;
2. Toll roads shall have traffic relation with each other;
3. There shall be justifiable reasons to believe that it is appropriate to collect tolls on an integrated basis on toll roads.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 19 (Official Announcement of Tolls, Period for Collection, etc.)   print
Where a toll road management agency or a person who has the right to manage a toll road intends to collect tolls, it or he/she shall make an official announcement of tolls, the period for collection thereof, methods of collection thereof and other necessary matters in the Official Gazette or official bulletin in advance, and install signs on which the content thereof is mentioned in places where it is easily visible to the public, as prescribed by Presidential Decree. The same shall also apply where it or he/she intends to change tolls, the period for collection thereof, methods of collection thereof, etc.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 20 (Imposition and Collection of Additional Tolls)   print
(1) Where any person who has used a toll road has not paid a toll or has got a discount on a toll by deception or other unjust means, a toll road management agency or a person who has the right to manage the toll road may impose and collect an additional toll prescribed by Presidential Decree within the limits of ten times the toll not paid or discounted, in addition to such toll.
(2) In cases under paragraph (1), if a place where a person enters a toll road is unclear, he/she shall be presumed to have entered the toll road in the remotest distance from a place where he/she is to pay a toll.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 21 (Compulsory Collection of Tolls, etc.)   print
(1) Where a person liable to pay a toll and additional toll fails to pay such tolls, a toll road management agency shall collect such tolls in the same manner as delinquent national or local taxes are collected.
(2) Where a person liable to pay a toll and additional toll fails to pay such tolls, a person who has the right to manage a toll road shall entrust a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the relevant area with the collection thereof, as prescribed by Presidential Decree.
(3) When a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu is entrusted with the collection of tolls and additional tolls pursuant to paragraph (2), he/she shall collect tolls and additional tolls in the same manner as delinquent local taxes are collected. In such cases, a person who has the right to manage a toll road shall pay an amount equivalent to ten percent of the amount collected by a Special Self-Governing City Mayor, the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu to the relevant Special Self-Governing City, Special Self-Governing Province or Si/Gun/Gu (referring to the relevant autonomous Gu).
(4) Where a person liable to pay a toll and additional toll on a toll road (only applicable to a motorway), with respect to which the Korea Highway Corporation incorporated under the Korea Highway Corporation Act is established, as a person who has the right to manage the toll road fails to pay such tolls, the Korea Highway Corporation may collect such tolls in the same manner as delinquent national taxes are collected upon obtaining approval therefor from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 22 (Reversion of Tolls, etc.)   print
Where the Minister of Land, Transport and Maritime Affairs collects tolls and additional tolls on toll roads collected pursuant to this Act, such tolls shall vest in the National Treasury as its revenue, and where a local road management agency collects such tolls, such tolls shall be vested in the relevant local government as its revenue: Provided, That in cases of a toll road with respect to which the right to manage the toll road is established, tolls and additional tolls shall be vested in a person who has the right to manage the toll road as his/her revenue.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 23 (Restrictions on Use of Collected Tolls, etc.)   print
No tolls and additional tolls vested in the National Treasury or a local government pursuant to Article 22 shall be used for purposes other than any of the following purposes:
1. Repayment of the principal of and interest on costs incurred in the construction or upgrading of a toll road;
2. Costs incurred in relation to the construction, upgrading, maintenance, repair and management of a road (including a toll road and an access road to the toll road).
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 24 (Special Accounts, etc.)   print
(1) The State or a local government shall establish the special account on toll roads to manage revenues and expenditures.
(2) A person who has the right to manage a toll road shall submit an accounting report on the total amount of construction and maintenance costs of the relevant toll road, the total amount of tolls collected, etc. to the relevant toll road management agency, within 90 days after each fiscal year ends. In such cases, where the person who has the right to manage the toll road is subject to external audits referred to in Article 2 of the Act on External Audit of Stock Companies, he/she shall submit an audited accounting report to the relevant toll road management agency.
(3) Matters necessary for the criteria for the preparation of an accounting report prepared by a person who has the right to manage a toll road pursuant to paragraph (2) and other matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 25 (Supervision)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary, order any local road management agency to perform construction of a toll road, restrict permits to occupy and use such toll road, designate or change an area abutting thereon and take a disposition or measure necessary to manage toll roads.
(2) Where a non-road management agency violates this Act or conditions for permission granted under this Act, a toll road management agency may revoke permission, suspend construction, perform construction by vicarious administrative execution, take other necessary dispositions or order the non-road management agency to take necessary measures.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
CHAPTER VI PENAL PROVISIONS
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 Article 26 (Penal Provisions)   print
(1) Any person who obtains permission referred to in Article 6 by deception or other unjust means or constructs or upgrades a toll road without permission shall be punished by imprisonment for not more than two years or by a fine not exceeding 20 million won.
(2) Where any person who obtains approval or approval for changes referred to in Article 17 (2) collects tolls, in violation of the conditions for such approval, he/she shall be punished by imprisonment for not more than one year or by a fine not exceeding 10 million won.
[This Article Wholly Amended by Act No. 11586, Dec. 18, 2012]
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 Article 27 (Joint Penal Provisions)   print
Where the representative of a corporation, or an agent, employee or other servant of the corporation or an individual commits an offence provided for in Article 26 (1) or (2) in connection with the affairs of the corporation or the individual, not only shall such offender be punished, but also the corporation or the individual shall be punished by a fine under the relevant provisions: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention and supervision concerning the relevant affairs to prevent such offence.
[This Article Newly Inserted by Act No. 11586, Dec. 18, 2012]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability concerning Modification of Requirements for Construction or Upgrading of Toll Roads)
The amended provisions of Article 4 shall apply from the first toll road to be constructed or upgraded after this Act enters into force.
Article 3 (Transitional Measures concerning Penal Provisions and Fines for Negligence)
The application of the penal provisions and fines for negligence to any act done before this Act enters into force shall be governed by the former provisions.
Article 4 (Transitional Measures concerning Construction Works of Toll Road and Tolls by Non-Road Management Agencies)
Permission obtained by any non-road management agency for the construction works of a toll road or the collection of tolls under the former provisions as at the time this Act enters into force shall be deemed that permission or approval therefor is obtained under Article 6 or 17 (2), respectively.
Article 5 (Transitional Measures concerning Registration of Rights to Manage Toll Roads)
A right to manage the toll road registered under the former provisions as at the time this Act enters into force shall be deemed registered under Article 10 (2).
Article 6 (Transitional Measures concerning Integrated Accounting System)
Any national motorway resulting from the integration of at least two national motorways, for the use of which tolls are collected, upon approval obtained from the Minister of Construction and Transportation under the former provisions as at the time this Act enters into force shall be deemed that approval under Article 18 is obtained.
Article 7 Omitted.
ADDENDUM <Act No. 7242, Oct. 22, 2004>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 7386, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 8976, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 10 Omitted.
ADDENDUM <Act No. 9853, Dec. 29, 2009>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 11586, Dec. 18, 2012>
This Act shall enter into force on the date of its promulgation.