Tramway Transportation Act


Published: 2013-03-23

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CHAPTER I GENERAL PROVISIONS
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 Article 1 (Purpose)   print
The purpose of this Act is to increase public benefit by securing the safety of tramway facilities and by devising efficient operation and development of tramway transportation and tramway business.
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 Article 2 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "tramway" means transportation system organically comprised of tramway facilities and trams, and a system of operation and support related thereto, including cableways;
2. The term "tramway transportation" means transporting people or cargo from one place to another using tramways;
3. The term "tramway facilities" means those (including the sites thereof) falling under any of the following items:
(a) Tramline, stations (including transfer facilities and convenience facilities), and buildings or building equipment necessary for tramway transportation;
(b) Trams;
(c) Repair depots, maintenance depots, warehouse, etc. to repair and maintain tramlines and trams;
(d) Electric power facilities, information and communication facilities, lightning rods, signal facilities, control facilities, etc.;
(e) All kinds of machinery, such as power units;
4. The term "tramlines" means runways (including roadbeds, pillars supporting tramlines and other appurtenances, such as artificial structures) comprised of wire ropes, rails, concrete structures, etc. which are runways separate for a tram;
5. The term "cableway" means transporting people or cargo by operating a tram suspended from a wire rope installed in the air;
6. The term "trams" means a variety of vehicles manufactured to suit the peculiarity of tramline for the purposes of transportation on tramlines;
7. The term "tramway business" means business which transports people or cargo using tramway (excluding exclusive tramways) and makes profits in return;
8. The term "tramway business person" means a person permitted for tramway business as prescribed in Article 4;
9. The term "exclusive tramway" means a tramway installed as an appurtenance to the relevant business, etc. which are subject to license, permission, registration, approval or reporting under other Acts and subordinate statutes;
10. The term "exclusive tramway operator" means a person approved of exclusive tramway or made a report of tramway as prescribed in Article 5;
11. The term "tramway transportation worker" means a person providing services regarding tramway transportation, such as tram driver, assistant helping passengers ride tram, safety manager, inspector, repairman, and ticket agent;
12. The term "tramway accident" means an accident that causes death or injury to people, or damage or destruction of things regarding tramway transportation.
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 Article 3 (Extent of Application)   print
This Act shall not apply to a tramway or tramway business falling under any of the following subparagraphs:
1. Urban railway or urban railway business to which the Urban Railroad Act applies;
2. Railway and railway business to which the Railroad Enterprise Act applies;
3. Amusement facilities, amusement equipment and amusement facility business to which Tourism Promotion Act applies;
4. Transportation facilities to which the Mining Safety Act applies;
5. Elevators to which the Elevator Safety Management Act applies;
6. Tramways installed and operated for the purposes of military, research and development, etc.;
7. Tramways of under a load of 500 kilograms (below 200 kilograms in cases of cableways) transporting only cargo within the private land of individuals or juristic persons.
CHAPTER II TRAMWAY BUSINESS AND EXCLUSIVE TRAMWAYS
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 Article 4 (Permission for Tramway Business)   print
(1) Those who intend to operate tramway business shall obtain permission from the Mayor of a Metropolitan Autonomous City, the Governor of a Special Self-Governing Province, heads of Sis, heads of Guns or heads of autonomous Gus (hereinafter referred to as "heads of Sis/Guns/Gus"): Provided, That where a tramway extends over the administrative districts of two or more Metropolitan Autonomous City, Special Self-Governing Provinces, Sis, Guns, or autonomous Gus (hereinafter referred to as "Sis/Guns/Gus"), the head of a Si/Gun/Gu having jurisdiction over the address of the main office shall grant permission after consultation with the heads of related Sis/Guns/Gus. <Amended by Act No. 11647, Mar. 22, 2013>
(2) Notwithstanding paragraph (1), where all or part of a tramway is constructed at a national park under subparagraph 2 of Article 2 of the Natural Parks Act, Do park under subparagraph 3 of the same Article or urban natural park under subparagraph 3 (b) of Article 2 of the Act on Urban Parks, Greenbelts, etc. (hereinafter referred to as "national park, etc.") within the administrative district of the Special Metropolitan City or Metropolitan Cities, permission shall be obtained from the Special Metropolitan City Mayor or Metropolitan City Mayors (hereinafter referred to as "Special Metropolitan City Mayor/Metropolitan City Mayors"): Provided, That where such national park, etc. includes the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, and the tramway being constructed at such national park, etc. extends over the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, the Special Metropolitan City Mayor/Metropolitan City Mayors having jurisdiction over the address of the main office shall grant permission after consultation with the related Special Metropolitan City Mayor/Metropolitan City Mayors. <Amended by Act No. 11060, Sep. 16, 2011; Act No. 11647, Mar. 22, 2013>
(3) The standards for permission for tramway business under paragraphs (1) and (2) shall be as follows:
1. That the construction and equipment of tramway facilities shall conform to the standards for construction and equipment of tramway facilities under Article 15: Provided, That where special approval for construction under Article 16 has been obtained, this shall not apply;
2. That permission, approval, etc. shall be obtained from the heads of competent administrative agencies or managers where such tramway occupies and uses roads, rivers, farmland, forests, parks, cultural heritage protective zones, etc.
(4) Where tramway business persons intend to modify matters prescribed by Presidential Decree among the matters permitted pursuant to paragraphs (1) and (2), they shall obtain permission for modification or report modification in accordance with the classifications prescribed by Presidential Decree.
(5) When the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor grants permission or permission for modification as prescribed in paragraph (1), (2) or (4), he/she may attach necessary conditions to increase the safety and convenience of users, to prevent accidents, to conserve environment, to minimize impact to the surrounding traffic, etc.
(6) Matters necessary for permission, permission for modification, procedures for reporting on modification, etc. under paragraphs (1), (2) and (4) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act 11690, Mar. 23, 2013>
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 Article 5 (Approval, etc. for Exclusive Tramways)   print
(1) Those who intend to operate exclusive tramways shall obtain approval from the heads of Sis/Guns/Gus: Provided, That in cases of exclusive tramways prescribed by Presidential Decree, they shall report to the heads of Sis/Guns/Gus.
(2) Notwithstanding paragraph (1), where all or part of exclusive tramways are constructed at a national park, etc. within the administrative district of the Special Metropolitan City or Metropolitan City, permission shall be obtained from the Special Metropolitan City Mayor or Metropolitan City Mayor: Provided, That where such national park, etc. includes the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, and the exclusive tramway being constructed at such national park, etc. extends over the administrative districts of two or more Special Metropolitan City or Metropolitan Cities, the Special Metropolitan City Mayor/Metropolitan City Mayors having jurisdiction over the address of the main office shall grant permission after consultation with the related Special Metropolitan City Mayor/Metropolitan City Mayors. <Newly Inserted by Act No. 11647, Mar. 22, 2013>
(3) Where exclusive tramway operators who have received approval as prescribed in the main sentence of paragraph (1) and in paragraph (2) intend to modify matters prescribed by Presidential Decree among the approved matters, they shall obtain approval for modification or report modification in accordance with the classifications prescribed by Presidential Decree, and where the exclusive tramway operators who have reported pursuant to the proviso to paragraph (1) intend to modify matters prescribed by Presidential Decree among the reported matters, they shall report modification. <Amended by Act No. 11647, Mar. 22, 2013>
(4) Article 4 (3) shall apply mutatis mutandis to the standards for approval for exclusive tramways under the main sentence of paragraph (1) and under paragraph (2), and Article 4 (5) shall apply mutatis mutandis to the conditions for approval under the main sentence of paragraph (1) and under paragraph (2) or the conditions for approval for modification under paragraph (3). In such cases, "tramway business" shall be construed as "exclusive tramway," "tramway business person" as "exclusive tramway operator," "permission" as "approval," and "permission for modification" as "approval for modification." <Amended by Act No. 11647, Mar. 22, 2013>
(5) Matters necessary for procedures, etc. for approval, reporting, approval for modification and reporting on modification under paragraphs (1) through (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11647, Mar. 22, 2013; Act No. 11690, Mar. 23, 2013>
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 Article 6 (Disqualification)   print
No one who falls under any of the following subparagraphs shall be eligible to obtain permission for tramway business or approval for exclusive tramway:
1. An incompetent or quasi-incompetent;
2. A person who was declared bankrupt and has not been reinstated;
3. A person for whom two years have not passed from the date permission for tramway business or approval for exclusive tramway was cancelled for violation of this Act;
4. A person for whom two years have not passed from the date execution terminated (including cases where such execution is deemed to have terminated) after having been sentenced to imprisonment or heavier for violation of this Act, or from the date it became final and conclusive that execution would not be given to him/her;
5. A person who has been sentenced to imprisonment or heavier with a stay of execution for violation of this Act, and is in such of stay of execution;
6. A juristic person who has an executive falling under any of the provisions in subparagraphs 1 through 5.
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 Article 7 (Execution of Construction)   print
(1) A tramway business person shall start to construct tramway facilities within two years from the date he/she obtains permission for tramway business.
(2) Where he/she is unable to start to construct tramway facilities within the period under paragraph (1) due to a natural disaster or other extenuating circumstances, he/she may extend such period with approval from the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor.
(3) Procedures for application for extension of the period under paragraph (2) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 8 (Inspection on Completion of Construction)   print
(1) When the construction of tramway facilities is finished, tramway business persons or exclusive tramway operators shall undergo an inspection on the completion of construction conducted by the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors.
(2) The heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors may request the specialized safety inspection institutions under Article 20 for an inspection on the completion of construction under paragraph (1).
(3) Matters necessary for the execution of inspection on the completion of construction under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 9 (Succession to Status of Tramway Business Persons)   print
(1) Any of the following persons shall succeed to the status of a former tramway business person:
1. Transferee, where a tramway business person has transferred his/her business;
2. Heir, where a tramway business person has died;
3. Where a corporate tramway business person has merged with another juristic person, such juristic person that survives the merger or a new juristic person established following such merger.
(2) Those who succeed to the status of a tramway business person as prescribed in paragraph (1) shall report to the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors within one month (within sixty days after the death of predecessor for a person who has succeeded to such status by inheritance), as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) No person who falls under any subparagraph of Article 6 shall succeed to the status of a tramway business person as prescribed in paragraph (1).
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 Article 10 (Entrustment, etc. of Management, etc. of Tramway Business)   print
(1) If a tramway business person or exclusive tramway operator intends to entrust another person or another juristic person with the management of tramway business or operation of exclusive tramway, he/she shall report such fact to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No person who falls under any subparagraph of Article 6 shall be entrusted with the management of tramway business or operation of exclusive tramway under paragraph (1).
(3) Those who have been entrusted with the management of tramway business or operation of exclusive tramway as prescribed in paragraph (1) shall be responsible for the management or operation thereof together with a person who has entrusted them with such management or operation.
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 Article 11 (Suspension or Discontinuance)   print
(1) Where a tramway business person or exclusive tramway operator (excluding an exclusive tramway operator who has reported as prescribed in the proviso to Article 5 (1); hereafter the same shall apply in this Article) intends to suspend or discontinue all or part of the management of tramway business or operation of exclusive tramway, he/she shall report in advance to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, and the same shall apply to the modification of the period of suspension reported: Provided, That where suspension or discontinuance is made due to the destruction of tramway facilities or other extenuating circumstances, he/she shall report within ten days from the date of suspension or discontinuance. <Amended by Act No. 11690, Mar. 23, 2013>
(2) No period of suspension under paragraph (1) shall exceed one year: Provided, That where extenuating circumstances acknowledged by the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors exist, this shall not apply.
(3) Where a tramway business person or exclusive tramway operator intends to suspend or discontinue business or operation as prescribed in paragraph (1), he/she shall post a notice of the details, period, etc. of suspension or discontinuance at stations, places of business or other places where the general public can readily find.
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 Article 12 (Cancelation, etc. of Permission and Approval)   print
(1) Where a tramway business person or exclusive tramway operator (excluding an exclusive tramway operator who has reported pursuant to the proviso to Article 5 (1); hereafter the same shall apply in this paragraph) falls under any of the following subparagraphs, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may cancel permission or approval, or order to suspend all or part of the management of tramway business or of operation of exclusive tramway specifying a period not exceeding six months: Provided, That where he/she falls under any of the provisions of subparagraphs 1, 2 and 4 through 6, his/her permission or approval shall be canceled: <Amended by Act No. 11647, Mar. 22, 2013>
1. Where he/she has obtained permission or permission for modification under Article 4, or approval or approval for modification under Article 5 by deceit or other fraudulent means;
2. Where he/she has become disqualified for standards for permission or approval under Article 4 (3) (including cases where such provisions apply mutatis mutandis in Article 5 (4)): Provided, That where he/she has met such standards within three months, this shall not apply;
3. Where he/she has modified matters that were permitted or approved without obtaining permission for modification under Article 4 (4) or approval for modification under Article 5 (3);
4. Where he/she has violated conditions for permission or approval under Article 4 (5) (including cases where such provisions apply mutatis mutandis in Article 5 (4)) and conditions for special construction approval under Article 16 (3) without justifiable grounds;
5. Where he/she has violated the period of starting construction under Article 7 (1) without justifiable grounds (limited to a tramway business person);
6. Where he/she has fallen under any of the grounds for disqualification under the subparagraphs of Article 6: Provided, That in cases of a juristic person who had an executive falling under the grounds for disqualification and has substituted such disqualified executive by a new executive without any grounds for disqualification, such juristic person shall be excluded;
7. Where he/she has managed tramway business or operated an exclusive tramway without undergoing an inspection on the completion of construction under Article 8;
8. Where he/she has suspended or modified the period of suspension that has been reported without making a report, in violation of Article 11 (1);
9. Where he/she has managed tramway business or operated an exclusive tramway without undergoing a temporary inspection under Article 19 (1) 2;
10. Where he/she has managed tramway business or operated an exclusive tramway without undergoing a regular inspection under Article 19 (1) 1 even after having been notified as prescribed in paragraph (4) of the same Article;
11. Where he/she has violated safety regulations under Article 21;
12. Where he/she has violated an obligation of safety management under Article 22 (2) or (3);
13. Where he/she has violated an order for improvement of facilities under Article 23 (1) or order for suspension of use under paragraph (2) of the same Article;
14. Where he/she has caused a serious tramway accident under Article 25 (1) intentionally or by gross negligence;
15. Where he/she has not complied with an order to report under Article 30 or has reported falsely, or has refused, obstructed or evaded an inspection;
16. Where he/she has managed tramway business or operated an exclusive tramway during the period of disposition of suspension of the management of tramway business or the operation of exclusive tramway.
(2) Where an exclusive tramway operator who has reported under the proviso to Article 5 (1) falls under any of the following subparagraphs, the head of a Si/Gun/Gu may order to suspend all or part of the operation of exclusive tramway specifying the period within six months:
1. Where he/she has reported under the proviso to Article 5 (1) by deceit or other fraudulent means;
2. Where he/she has operated an exclusive tramway without undergoing an inspection on the completion of construction under Article 8;
3. Where he/she has operated an exclusive tramway without undergoing a temporary inspection under Article 19 (1) 2;
4. Where he/she has operated an exclusive tramway without undergoing a regular inspection under Article 19 (1) 1 even after having been notified as prescribed in Article 19 (4);
5. Where he/she has violated safety regulations under Article 21;
6. Where he/she has violated an obligation of safety management under Article 22 (2) or (3);
7. Where he/she has violated an order for improvement of facilities under Article 23 (1) or order for suspension of use under paragraph (2) of the same Article;
8. Where he/she has caused a serious tramway accident under Article 25 (1) intentionally or by gross negligence;
9. Where he/she has not complied with an order to report under Article 30 or has reported falsely, or has refused, obstructed or evaded an inspection;
10. Where he/she has operated an exclusive tramway during the period of disposition of suspension of the operation of exclusive tramway.
(3) The standards and procedures for disposition under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree.
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 Article 13 (Penalty Surcharges)   print
(1) Where the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors have to order suspension of management of tramway business or operation of exclusive tramway because tramway business persons or exclusive tramway operators fall under any of the subparagraphs of Article 12 (1), and where it is feared that such suspension may bring serious inconvenience to users, etc. or harm public interests, they may impose penalty surcharges not exceeding ten million won in place of such disposition of suspension.
(2) The kinds of violations on which penalty surcharges under paragraph (1) are imposed, amount of penalty surcharges according to the level of violations, and other necessary matters shall be prescribed by Presidential Decree.
(3) When persons liable to pay penalty surcharges under paragraph (1) fail to pay penalty surcharges within the deadline of payment, the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors shall collect such penalty surcharges according to the precedents of disposition of local taxes in arrears.
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 Article 14 (Hearings)   print
When the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors intend to cancel permission for tramway business or approval for exclusive tramway as prescribed in Article 12 (1), they shall hold a hearing.
CHAPTER III CONSTRUCTION
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 Article 15 (Standards for Construction and Equipment for Tramway Facilities)   print
Those who intend to construct tramway facilities shall construct tramway facilities according to the facilities standards (hereinafter referred to as "construction and facilities standards") for construction of tramway facilities determined and announced in public by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 16 (Special Construction Approval)   print
(1) Those who intend to construct tramway facilities not prescribed by the standards for construction and equipment, or to construct tramway facilities for which compliance with the standards for construction and equipment is difficult for reasons prescribed by Presidential Decree, such as topographic peculiarities, shall obtain approval from the Minister of Land, Infrastructure and Transport (hereinafter referred to as "special construction approval") through the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors before applying for permission for tramway business or approval for exclusive tramway. The same shall apply to the modification of special construction approval. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Those who intend to obtain special construction approval shall prepare the details of construction and equipment of tramway facilities and in-house safety management regulations, and submit them to the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors.
(3) When the Minister of Land, Infrastructure and Transport grants special construction approval, he/she may attach necessary conditions for public safety. <Amended by Act No. 11690, Mar. 23, 2013>
(4) The procedures for special construction approval and other necessary matters shall be prescribed by Presidential Decree.
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 Article 17 (Tramway Construction Deliberation Committee)   print
(1) A tramway construction deliberation committee (hereinafter referred to as "Committee") shall be established in the Ministry of Land, Infrastructure and Transport in order to deliberate on important matters concerning tramway construction. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The Committee shall deliberate on the following: <Amended by Act No. 11690, Mar. 23, 2013>
1. Matters concerning the establishment and modification of standards for construction and equipment;
2. Matters concerning special construction approval;
3. Other matters concerning the construction of tramway facilities, which the Minister of Land, Infrastructure and Transport put to deliberation.
(3) The Committee shall have twenty or less members, including one Chairperson, who are appointed or commissioned by the Minister of Land, Infrastructure and Transport from among any of the following persons: <Amended by Act No. 11690, Mar. 23, 2013>
1. Public officials of Grade IV or higher, in charge of duties concerning a tramway or public officials in general service belonging to the Senior Civil Service;
2. Executives of public organizations or research institutions concerning tramways;
3. Persons with specialized learning and experience concerning civil engineering, architecture, machinery, electricity, etc. regarding tramways.
(4) Matters necessary for the organization, operation, etc. of the Committee, in addition to matters prescribed in paragraphs (1) through (3), shall be prescribed by Presidential Decree.
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 Article 18 (Relationship, etc. between Roads and Tramway Facilities)   print
Matters concerning the following subparagraphs shall be prescribed by Presidential Decree:
1. Bearing, etc. of fees for occupying and using roads and of construction expenses where tramway facilities are constructed on roads under the Road Act;
2. Reinstatement of roads, compensation, maintenance, repair, etc. where tramway facilities constructed on roads under the Road Act fall into disuse.
CHAPTER IV SAFETY MANAGEMENT
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 Article 19 (Safety Inspection)   print
(1) Tramway business persons and exclusive tramway operators shall undergo the following safety inspections on the relevant tramway facilities conducted by the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors:
1. Regular inspections: Inspections to be conducted annually. In such cases, the term of validity shall be one year from the date of regular inspection, and the initial regular inspection shall be undergone within one year from the date of inspection on the completion of construction;
2. Temporary inspections: Inspections to be conducted when the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors acknowledge to be necessary where a tramway accident has occurred while in operation or is in danger of occurrence.
(2) When the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors conduct a safety inspection under paragraph (1), they shall confirm whether the relevant tramway facilities meet the standards for safety inspection determined and announced publicly by the Minister of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Where tramway business persons or exclusive tramway operators are acknowledged to be unable to undergo a safety inspection under paragraph (1) due to a natural disaster or other extenuating circumstances, the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors may extend the term of validity of safety inspection, or postpone the implementation of safety inspection, as prescribed by Presidential Decree.
(4) The heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors shall notify tramway business persons or exclusive tramway operators who have not undergone a regular inspection under paragraph (1) 1 to undergo an inspection, as prescribed by Presidential Decree.
(5) Matters necessary for the implementation of safety inspection under paragraph (1) shall be prescribed by Presidential Decree.
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 Article 20 (Entrustment of Duties of Safety Inspection)   print
The heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors may entrust specialized safety inspection institutions prescribed by Presidential Decree with the duties of safety inspection under Article 19 (1).
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 Article 21 (Safety Regulations)   print
Tramway business persons and exclusive tramway operators shall observe safety regulations prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport so that users may use tramway facilities safely and comfortably. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 22 (Safety Management)   print
(1) The Minister of Land, Infrastructure and Transport may make an emergency safety examination of tramway facilities as prescribed in Article 30 of the Framework Act on the Management of Disasters and Safety. <Amended by Act No. 11690, Mar. 23, 2013>
(2) In order to maintain the function and safety of tramway facilities, tramway business persons and exclusive tramway operators shall conduct safety examinations and facility maintenance at regular intervals, as prescribed by Presidential Decree, and record the results and report thereon to the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors.
(3) Tramway business persons and exclusive tramway operators shall select and appoint a person responsible for the safety management of facilities, as prescribed by Presidential Decree, and take measures necessary for the prevention, etc. of safety accidents involving tramway facilities.
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 Article 23 (Order to Improve Facilities)   print
(1) Where tramway facilities fall under any of the following subparagraphs, the Minister of Land, Infrastructure and Transport, heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors may order tramway business persons and exclusive tramway operators to improve facilities: <Amended by Act No. 11690, Mar. 23, 2013>
1. Where tramway facilities fail to meet the standards for safety inspection as a result of safety inspection under Article 19 (1);
2. Where tramway facilities are acknowledged as not operating safely as a result of emergency safety examination under Article 22 (1).
(2) Where the Minister of Land, Infrastructure and Transport, heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors issue an order to improve facilities as prescribed in paragraph (1), they may simultaneously order the suspension of use of relevant tramway facilities specifying a period. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 24 (Measures to be Taken in Time of Accidents)   print
Where the operation of a tramway is suspended due to defects or malfunction of machinery during operation, natural disasters, etc. or where a tramway accident has occurred, tramway business persons or exclusive tramway operators shall take measures to secure the safety of users, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 25 (Report of Serious Tramway Accidents and Investigation thereinto)   print
(1) Where a serious tramway accident prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport has occurred, tramway business persons or exclusive tramway operators shall immediately report to the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors. <Amended by Act No. 11690, Mar. 23, 2013>
(2) The heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors who have been reported as prescribed in paragraph (1) may make an investigation into the relevant tramway accident, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER V SUPPLEMENTARY PROVISIONS
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 Article 26 (Insurance Subscription)   print
Tramway business persons or exclusive tramway operators shall be insured against tramway accidents, whereby the insurer agrees to pay benefits to the victims in the event of a tramway accident, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 27 (Responsibilities of Tramway Employees, etc.)   print
(1) Tramway employees shall devise the safety of operations and the convenience and benefits of users.
(2) Tramway business persons or exclusive tramway operators shall establish plans for safety education of tramway employees concerning safety duties, and provide education to them accordingly.
(3) In order to secure the safety of tramway operations, tramway business persons or exclusive tramway operators shall record matters concerning the state of operations.
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 Article 28 (Prohibited Activities of Users)   print
No user of a tram shall perform any act in the following subparagraphs:
1. Bringing explosives, animals, etc. into trams which may cause harm or give an unpleasant feeling to other users;
2. Obstructing the driving of a tram in operation;
3. Putting body out of the tram;
4. Other activities disturbing order within the tram.
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 Article 29 (Legal Fiction as Public Officials in Applying Penal Provisions)   print
The executives and employees of the specialized safety inspection institutions engaged in inspection on the completion of construction or duties of safety inspection as prescribed in Articles 8 (2) and 20 shall be deemed public officials in applying Articles 129 through 132 of the Criminal Act.
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 Article 30 (Reports and Inspections)   print
(1) With reference to the construction of tramways, observance of safety regulations, etc., the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors may order tramway business persons or exclusive tramway operators to report necessary matters, or may have affiliated public officials examine the relevant tramway facilities.
(2) When conducting an examination as prescribed in paragraph (1), they shall notify the relevant tramway business persons or exclusive tramway operators of an inspection plan, including the date of inspection, reasons for inspection, details of inspection, etc. at least seven days before the date of inspection: Provided, That in cases of emergency or in cases where the purpose of inspection is acknowledged to be unattainable due to the destruction of evidence, etc., this shall not apply.
(3) Public officials conducting an inspection as prescribed in paragraph (1) shall carry a certificate indicating authority and show it to the interested persons.
(4) Matters necessary for certificates under paragraph (3) shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
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 Article 31 (Fees)   print
When a person applies for permission, approval or inspection under this Act, he/she shall pay fees, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended by Act No. 11690, Mar. 23, 2013>
CHAPTER VI PENAL PROVISIONS
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 Article 32 (Penal Provisions)   print
(1) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than a year or by a fine not exceeding ten million won. In such cases, both imprisonment and a fine may be imposed concurrently:
1. Any person who has managed tramway business without obtaining permission for tramway business under Article 4 (1) and (2);
2. Any person who has received permission or permission for modification under Article 4 by deceit or other fraudulent means;
3. Any person who has managed tramway business or operated an exclusive tramway without undergoing an inspection on the completion of construction under Article 8 (1);
4. Any person (including any person entrusted with the duties of inspection or employees of such person) who has conducted an inspection on the completion of construction under Article 8 or a safety inspection under Article 19 by deceit or other fraudulent means;
5. Any person who has undergone an inspection on the completion of construction under Article 8 or a safety inspection under Article 19 by deceit or other fraudulent means.
(2) Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. Any person who has modified permitted matters without obtaining permission for modification under Article 4 (4);
2. Any person who has operated an exclusive tramway without obtaining approval or reporting under Article 5 (1);
3. Any person who has obtained approval or has reported under Article 5 (1), or has obtained approval for modification by deceit or other fraudulent means;
4. Any person who has managed tramway business or has operated an exclusive tramway during the period of disposition of suspension under Article 12 (1);
5. Any person who has refused, obstructed or evaded a temporary inspection under Article 19 (1) 2;
6. Any person who has managed tramway business or has operated an exclusive tramway without undergoing a regular inspection under Article 19 (1) 1 even after having been notified as prescribed in paragraph (4) of the same Article;
7. Any person who has refused, obstructed or evaded an emergency safety examination under Article 22 (1);
8. Any person who has violated an order for improvement of facilities under Article 23 (1) or an order for suspension of use under paragraph (2) of the same Article;
9. Any person who has reported falsely under Article 30 (1) or has refused, obstructed or evaded an inspection.
law view
 Article 33 (Joint Penal Provisions)   print
Where the representative of a juristic person, or the agent, employee or worker of a juristic person or individual commits a violation under Article 32 concerning the duties of such juristic person or individual, such juristic person or individual shall be punished by a fine under the relevant provisions in addition to the punishment of such violator: Provided, That in cases where such juristic person or individual has not been negligent in paying due attention and supervision concerning such duties in order to prevent such violation, this shall not apply.
law view
 Article 34 (Fines for Negligence)   print
(1) Any of the following persons shall be punished by a fine for negligence not exceeding two million won: <Amended by Act No. 11647, Mar. 22, 2013>
1. Any person who has modified permitted matters without reporting modification under Article 4 (4);
2. Any person who has modified approved matters or reported matters without reporting modification under Article 5 (3);
3. Any person who has not reported entrustment under Article 10;
4. Any person whose period of suspension has exceeded the period under Article 11 (2).
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the heads of Sis/Guns/Gus or Special Metropolitan City Mayor/Metropolitan City Mayors, as prescribed by Presidential Decree.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 General Transitional Measures)
Dispositions and activities by administrative agencies, all kinds of reports to administrative agencies or other acts toward administrative agencies under the former provisions as at the time this Act enters into force shall be deemed the acts of administrative agencies, acts to administrative agencies or toward administrative agencies under this Act corresponding thereto.
Article 3 (Transitional Measures concerning Permission for Cableway Business and Tramway Business and Report of Exclusive Cableway or Exclusive Tramway)
Those who have obtained permission for cableway business or tramway business under the former provisions as at the time this Act enters into force shall be deemed to have obtained permission for tramway business or to have obtained approval for exclusive tramway or to have reported the exclusive tramway under this Act corresponding thereto.
Article 4 (Transitional Measures concerning Standards, etc. for Construction and Equipment)
(1) The cableways and tramways constructed under the former provisions as at the time this Act enters into force shall be deemed to have been constructed in conformity with the standards for construction and equipment of tramways under this Act.
(2) The standards for construction and equipment of cableways and tramways being constructed under the former Cable Railways and Tramroads Act as at the time this Act enters into force shall be governed by the former provisions.
Article 5 (Transitional Measures concerning Report of Suspension of Cableway Business, etc.)
Those who have reported the suspension of all or part of cableway business, tramway business, exclusive cableway or exclusive tramway as prescribed in the former provisions as at the time this Act enters into force shall be deemed to have reported suspension as prescribed in the amended provisions under the main sentence of Article 11 (1) and the period of such suspension shall be counted from the date this Act enters into force.
Article 6 (Transitional Measures concerning Penal Provisions, etc.)
The former provisions shall apply to the penal provisions and fines for negligence on the violations committed before this Act enters into force.
Article 7 Omitted.
Article 8 (Relationship with other Acts and Subordinate Statutes)
Where the former Cable Railways and Tramroads Act or provisions thereof have been cited in other Acts and subordinate statutes as at the time this Act enters into force, this Act or the corresponding provisions of this Act shall be deemed to have been cited in place of the former provisions if such corresponding provisions exist in this Act.
ADDENDA<Act No. 11060, Sep. 16, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 11647, Mar. 22, 2013>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.