Urban Railroad Act


Published: 2011-08-04

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 Article 1 (Purpose)   print
The purpose of this Act is to contribute to the development of urban traffic and the promotion of the safety and convenience of urban transport users by accelerating the construction of urban railroads, rationalizing the operation of urban railroads and efficiently administrating urban rolling stock, etc. so as to facilitate traffic flow in urban traffic zones.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 2 (Scope of Application)   print
(1) This Act shall apply to the urban railroads referred to in the following subparagraphs:
1. Urban railroads constructed and operated by the State pursuant to this Act;
2. Urban railroads constructed and operated pursuant to this Act by the local governments licensed to carry on urban railroad businesses pursuant to Article 4, the local government-invested public corporations established pursuant to the Local Public Enterprises Act (hereinafter referred to as "urban railroad corporations") to carry on urban railroad businesses, or other legal entities;
3. Urban railroads constructed and operated by the legal entities that are entrusted by the State or local governments with the construction and operation of urban railroads pursuant to Article 15.
(2) This Act shall also apply in cases where tracks constructed by a person whose business plan is approved pursuant to Article 4-3 (1) to meet the needs of his/her urban railroad business are not used for general traffic.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 3 (Definitions)   print
The terms used in this Act shall be defined as follows:
1. The term "urban railroads" means railroads, monorails, trams, linear induction motors, magnetic levitation trains, and other traffic facilities and means of transportation using tracks, which are constructed and operated within urban traffic zones to facilitate traffic flow in urban areas;
2. The term "urban traffic zone" means any traffic zone which is designated and published pursuant to Article 4 of the Urban Traffic Improvement Promotion Act;
3. The term "urban railroad facilities" means any of the following facilities (including the sites):
(a) Urban railroad tracks, stations and station offices (including logistics facilities, transfer facilities, convenience facilities, etc.);
(b) Track repair bases, rolling stock maintenance depots, rolling stock storage facilities and warehouse facilities to repair and maintain tracks and urban rolling stock;
(c) Power equipment, information and communication equipment, and signalling and train control equipment for urban railroads;
(d) Facilities for the development, testing and research of urban railroad technology;
(e) Educational and training facilities for the study of urban railroad management and training of railroad experts;
(f) Other facilities for the construction, maintenance, repair and operation of urban railroads, as prescribed by Presidential Decree;
4. The term "urban railroad business" means the following activities related to urban railroads:
(a) Construction of urban railroad facilities;
(b) Transportation of passengers and freight using urban railroad facilities;
(c) Maintenance of urban rolling stock and the operation and administration of trains;
(d) Development of incidental businesses and services using urban railroad facilities, urban rolling stock, urban railroad sites, etc.;
5. The term "construction of urban railroads" means activities involving the construction of new urban railroad facilities, the improvement of the performance and functions of existing urban railroad facilities, the enlargement of urban railroad facilities, services incidental to the construction of urban railroad facilities, etc.;
6. The term "urban railroad constructor" means any person who operates an urban railroad business falling under subparagraph 4 (a) and is granted approval for his/her business plan pursuant to Article 4-3 (1);
7. The term "urban railroad operator" means any urban railroad corporation, or any person licensed to operate an urban railroad business pursuant to Article 4, which carries out any of the following urban railroad business among the activities under subparagraph 4 (b) through (d) (including any concessionaire under the Act on Public-Private Partnerships in Infrastructure who operates a private investment project for urban railroads).
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 3-2 (Establishment, etc. of Basic Plan for Urban Railroads)   print
(1) If deemed necessary to construct and operate urban railroads within an urban traffic zone under his/her jurisdiction, a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") shall develop a ten-year basic plan for urban railroads (hereinafter referred to as "basic plan") after consultation with other related Mayor/Do Governors and submit it to the Minister of Land, Transport and Maritime Affairs. The same shall also apply to any change in such basic plan.
(2) The basic plan shall include the following matters:
1. Peculiarities and traffic conditions of the relevant urban traffic zone, and estimation of future traffic demand;
2. Appraisal of economical efficiency and feasibility of urban railroad construction;
3. Outline of rail lines including the names and extension thereof, terminal stations, locations of stations, rolling stock bases, etc.;
4. Period of construction, and the plan to raise funds including the ratio of sharing expenses among related local governments;
5. Rough construction costs and midand long-term fund management plans;
6. Measures for road traffic in the relevant areas of urban railroad construction area during the period of construction;
7. Matters relating to the building of systems for inter-modal transportation with other means of transportation;
8. Demand-supply program of manpower for urban railroad operation;
9. Other matters recognized by the Minister of Land, Transport and Maritime Affairs as necessary.
(3) Upon receipt of a basic plan under paragraph (1), the Minister of Land, Transport and Maritime Affairs shall finalize the basic plan subject to deliberation by the National Transport Commission under Article 106 of the National Transport System Efficiency Act in consultation with the heads of relevant ministries and agencies after adjusting necessary matters including the routes to be constructed, construction costs, plan for raising funds including the ratio of sharing expenses among related local governments, period of construction, etc., and then publish the matters described in paragraph (2) 3. The same shall also apply to any change in matters other than the minor matters prescribed by Presidential Decree. <Amended by Act No. 9772, Jun. 9, 2009>
(4) Where any change is made to the matters relating to the construction costs or the period of construction in the basic plan pursuant to the latter part of paragraph (3), the change of business plan under Article 4-3 (1) shall be deemed to have been approved.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 4 (Business License, etc.)   print
(1) A person who intends to operate an urban railroad business shall obtain a license therefor from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
(2) In granting a license for an urban railroad business under paragraph (1), the Minister of Land, Transport and Maritime Affairs may attach necessary conditions to facilitate urban traffic and promote the safety and convenience of the users.
(3) Where a person licensed to operate an urban railroad business intends to transfer his/her urban railroad business or merge it with another business, he/she shall make a report in advance to the Minister of Land, Transport and Maritime Affairs.
(4) Where a person licensed to operate an urban railroad business intends to suspend or close down his/her urban railroad business, he/she shall obtain permission in advance from the Minister of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 4-2 (Licensing Standards)   print
The Minister of Land, Transport and Maritime Affairs shall make an examination of whether a business meets the following requirements if he/she intends to grant a license for that business pursuant to Article 4:
1. The business shall meet the transportation demand of the urban traffic;
2. The applicant shall have the capacity to operate the business;
3. The business shall have economical efficiency.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 4-3 (Approval, etc. for Business Plan)   print
(1) Where a person licensed to operate an urban railroad business intends to construct and operate urban railroads within the scope of a basic plan, he/she shall develop a business plan for urban railroads (hereinafter referred to as "business plan") and obtain approval from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree. The same shall also apply to any change in such plan.
(2) With respect to an application for approval of a business plan under paragraph (1), the purport shall be publicly announced in advance and copies of the relevant documents shall be made available to the public for not less than 20 days. In such cases, the fact shall be notified to the owners of land incorporated into sites for the urban railroad facilities and the interested persons under subparagraph 5 of Article 2 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter referred to as "owners, etc"): Provided, That if the owners, etc. or their addresses are unknown or if the Presidential Decree otherwise prescribes, such notification may be omitted.
(3) Owners, etc. may present their opinions to an applicant for approval of a business plan within the period of public inspection fixed under paragraph (2).
(4) An applicant for approval of a business plan shall reflect the opinions presented pursuant to paragraph (3) in the application for approval of the business plan if such opinions are deemed reasonable, and shall attach the opinions not yet reflected to the application.
(5) In granting approval of a business plan, the Minister of Land, Transport and Maritime Affairs shall reflect the opinions attached pursuant to paragraph (4) if such opinions are deemed reasonable.
(6) The Minister of Land, Transport and Maritime Affairs shall, upon approval of a business plan, publish it in the Official Gazette.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 4-4 Deleted.<by Act No. 5967, Apr. 15, 1999>   print
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 Article 4-5 Deleted.<by Act No. 10266, Apr. 15, 2010>   print
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 Article 4-6 (Compensation, etc. for Underground Portion)   print
(1) Where an urban railroad constructor intends to use the underground portion of another''s land to construct urban railroads, he/she shall make compensation therefor in consideration of the utility value of the land, the depth of the underground portion, the extent of obstructing the land use, etc.
(2) Matters regarding the details of the underground portion requiring compensation pursuant to paragraph (1) and the standards and methods for compensation shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 5 (Expropriation and Use of Land, etc.)   print
(1) An urban railroad constructor may expropriate or use the land, things or rights provided in Article 3 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter referred to as "land, etc") if necessary for the construction of urban railroads.
(2) If a business plan is approved pursuant to Article 4-3 (1), the project approval under Article 20 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall be deemed to be granted, and if the approval of a business plan is published pursuant to Article 4-3 (6), the project approval under Article 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works shall be deemed to be publicly announced.
(3) When an urban railroad constructor intends to expropriate or use the land to be incorporated into the sites for urban railroad facilities, the ownership rights the buildings or things attached thereto, or any other rights pursuant to this Act on Acquisition of and Compensation for Land, etc. for Public Works, if the consultation thereabout fails to yield an agreement or it is impossible to hold such consultation, the date of expiration of the period of urban railroad construction set in the business plan approved pursuant to Article 4-3 (1) shall be deemed the deadline for application for adjudication, notwithstanding the provisions of Articles 23 (1) and 28 (1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works.
(4) If any compensation is given by an urban railroad constructor for the use of an underground portion, the owner, etc. concerned shall be prohibited from performing the following activities with respect to such underground portion, which might compromise the safety of the urban railroad facilities:
1. Building, remodelling or enlarging structures;
2. Digging or excavating land.
(5) Any consultation between an urban railroad constructor and an owner, etc. about the use of the underground portion of land necessary to construct urban railroads (hereinafter referred to as "underground portion of land") shall be made on the assumption of the creation or transfer of partitioned superficies.
(6) With respect to the expropriation or use of land, etc., the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply mutatis mutandis, except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 5-2 (Registration, etc. for Establishment of Partitioned Superficies)   print
(1) If any agreement is reached between an urban railroad constructor and an owner, etc. about the use of the underground portion of land pursuant to Article 5, the urban railroad constructor shall create or transfer partitioned superficies.
(2) Any urban railroad constructor, who is adjudicated to expropriate or use land on condition of the creation or transfer of partitioned superficies pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works, may make an application, alone, for registration of the creation or transfer of such partitioned superficies by applying mutatis mutandisArticles 99 of the Registration of Real Estate Act. <Amended by Act No. 10580, Apr. 12, 2011>
(3) Necessary matters regarding the procedures for registration of partitioned superficies to use the underground portion of land shall be prescribed by the Supreme Court Regulations.
(4) The duration of partitioned superficies under paragraphs (1) and (2) shall be until the date when the urban railroad facilities concerned cease to be used, notwithstanding Article 281 of the Civil Act.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 6 (Access, etc. to Land)   print
(1) Any urban railroad constructor may perform the following activities if necessary to construct urban railroads:
1. Accessing another''s land;
2. Using another''s land temporarily;
3. Altering or removing trees, earth, stone or other obstacles.
(2) In cases under paragraph (1), Articles 130 and 131 of the National Land Planning and Utilization Act shall apply mutatis mutandis.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 7 (Consultation, etc. about Moving, etc. of Obstacles to Construction Works)   print
(1) Any urban railroad constructor shall consult with an owner, etc. about compensation for any loss incurred by moving obstacles impeding the construction of urban railroads or otherwise by doing construction works.
(2) If it is impossible to hold consultation under paragraph (1) or the consultation fails to yield an agreement, the owner, etc. and the urban railroad constructor concerned may file an application for adjudication with the competent land expropriation committee under Article 51 of the Act on Acquisition of and Compensation for Land, etc. for Public Works, as prescribed by Presidential Decree.
(3) Any person who is dissatisfied with any adjudication rendered under paragraph (2) may institute a lawsuit within 60 days from the date he/she is served with the original copy of such adjudication.
(4) Any urban railroad constructor may, upon receipt of the adjudication under paragraph (2), deposit estimated compensation required to move the obstacles to the construction works and move such obstacles.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 8 (Measures for Relocation, etc.)   print
With respect to measures for relocation, etc. of those who lose their means of livelihood following the offering of land, etc. necessary for the construction of urban railroads, the Act on Acquisition of and Compensation for Land, etc. for Public Works shall apply.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 9 Deleted.<by Act No. 5967, Apr. 15, 1999>   print
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 Article 9-2 (Reconstruction of Damaged Buildings)   print
In reconstructing a building damaged due to the construction of urban railroads, the criteria for the establishment of attached parking lots under Article 19 of the Parking Lot Act shall be deemed to be met if a parking lot of the same size as the existing building''s is established.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 10 (Restrictions, etc. on Disposition of State-Owned or Public Land)   print
(1) No land owned by the State or a local government, which is necessary to construct urban railroads, may be sold or transferred for any purpose other than urban railroad construction business.
(2) Property owned by the State or a local government under paragraph (1) may be transferred without compensation or sold by a free contract to any urban railroad constructor, notwithstanding the provisions of Articles 43, 49 and 55 of the State Property Act and Articles 29 and 36 of the Public Property and Commodity Management Act. <Amended by Act No. 9401, Jan. 30, 2009>
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 10-2 (Construction and Operation)   print
Urban railroads shall be constructed and operated as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 11 (Raising Funds to Construct and Operate Urban Railroads)   print
Funds involved in the construction and operation of urban railroads shall be raised in the manner provided for in each of the following subparagraphs: <Amended by Act No. 10266, Apr. 15, 2010>
1. Equity capital of an urban railroad constructor or urban railroad operator;
2. Proceeds accruing from the construction and operation of urban railroads;
3. Issuance of urban railroad bonds under Article 12;
4. Borrowings or subsidies from the State or local governments;
5. Borrowings, contributions or donations from any person (including a foreign government and a foreigner) other than the State and local governments;
6. Proceeds accruing from development projects for stations'' spheres of influence under the Development and Use of Stations'' Spheres of Influence Act.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 12 (Issuance of Urban Railroad Bonds)   print
(1) The State, local governments and urban railroad corporations may issue urban railroad bonds.
(2) The head of a local government, who seeks to obtain approval from the Minister of Public Administration and Security to issue urban railroad bonds, shall consult in advance with the Minister of Land, Transport and Maritime Affairs.
(3) Any urban railroad corporation, which seeks to issue urban railroad bonds, shall consult with the heads of related local governments and the Minister of Land, Transport and Maritime Affairs.
(4) The period of extinctive prescription of the principal and interest on urban railroad bonds shall be five years reckoning from the date of redemption thereof.
(5) Urban railroad bonds under paragraph (1) may be issued from a year when a basic plan is established to a year when the proceeds from operation of urban railroads first exceed expenses (including the amount of principal and interest on bonds redeemed) required for operation of urban railroads.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 13 (Purchase of Urban Railroad Bonds)   print
(1) Any person prescribed by Presidential Decree from among those described in the following subparagraphs shall purchase urban railroad bonds:
1. A person who is granted a license, permission or authorization from the State or a local government;
2. A person who files an application for registration with the State or a local government: Provided, That this shall not apply with respect to any applicant for registration of a small car (excluding a two-wheeled vehicle) prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs as an automobile under Article 3 of the Motor Vehicle Management Act;
3. A person who enters into a contract for construction works with the State, a local government or a public institution under Article 4 of the Act on the Management of Public Institutions;
4. A person who enters into a contract for construction works, service contract or contract for the purchase of goods necessary for the construction and operation of urban railroads with an urban railroad constructor or urban railroad operator.
(2) The amount of and procedures for the purchase of urban railroad bonds under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 14 (Government''s Support)   print
(1) The Government may provide a local government or an urban railroad corporation described in Article 2 (1) 2 with subsidies or loans to cover part of expenses required for the construction of urban railroads carried out by such local government or urban railroad corporation if such financial support is deemed necessary.
(2) The Government may, if deemed necessary, provide a legal entity described in Article 2 (1) 3 with loans to cover part of expenses required for the construction of urban railroads carried out by such legal entity.
(3) The Government may provide subsidies and other financial support for institutes or organizations making researches in urban railroad technology as prescribed by Presidential Decree (hereinafter referred to as "research institutes, etc") so as to foster the development of urban railroad technology.
(4) Local governments, which construct and operate urban railroads with financial support from the Government under paragraph (1), may provide subsidies or contributions for research institutes, etc., as prescribed by Presidential Decree, so as to promote the development of urban railroad technology.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 15 (Entrustment of Construction and Operation)   print
(1) The State or a local government, which is an urban railroad constructor, may entrust a legal entity with the construction and operation of urban railroads. In such cases, the urban railroad constructor who is a local government shall obtain approval therefor from the Minister of Land, Transport and Maritime Affairs.
(2) Necessary matters regarding the entrustment under paragraph (1) shall be prescribed by Presidential Decree.
(3) Urban railroad facilities (including rolling stock, machinery, apparatus, etc. for urban railroads; hereinafter the same shall apply) constructed by a person entrusted under paragraph (1) shall revert to the entrusting State or local government.
(4) Procedures for reversion of urban railroad facilities under paragraph (3) shall be prescribed by Presidential Decree.
(5) A person who is entrusted with the construction and operation of urban railroads under paragraph (1) shall be held responsible for such construction and operation.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 15-2 (Report, etc. on Fares)   print
(1) With respect to urban railroad fares, an urban railroad operator shall determine or change such fares within the limits set by the relevant Mayor/Do Governor and make a report thereon to the relevant Mayor/Do Governor. In such cases, the urban railroad operator shall make efforts to determine or change such fares in a reasonable way in consideration of the prime cost, balance with bus fares and fares for other means of transportation, and so on.
(2) In determining or changing fares, an urban railroad operator shall give the urban railroad users prior notice thereof or otherwise take necessary measures so as not to cause the users inconvenience.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 16 (Order to Improve Business)   print
If deemed necessary to facilitate urban traffic and promote the safety and convenience of urban railroad users, the Minister of Land, Transport and Maritime Affairs may, order an urban railroad constructor or urban railroad operator to implement the following matters:
1. Change of a business plan or the terms and conditions of transportation;
2. Adjustment of fares;
3. Improvement to urban rolling stock or other facilities;
4. Change of operational schedule and frequency and other operational plan;
5. Joint operations of urban railroad lines.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 17 (Transport Linkage)   print
(1) If two or more persons construct and operate their respective urban railroads within the same urban traffic zone, matters concerning the connection between railroad lines, the sharing of construction and operation of urban railroad facilities, the division of profits from transportation, passengers'' transfer, etc. shall be determined by agreement between those parties.
(2) If an agreement under paragraph (1) is not reached or there is a dispute over the interpretation of an agreement, the Minister of Land, Transport and Maritime Affairs shall make a decision thereon upon request by either of the parties.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 18 (Consultation about Establishment, etc. of Urban Railroad Corporations)   print
Where a local government licensed to operate an urban railroad business intends to establish an urban railroad corporation pursuant to Article 49 of the Local Public Enterprises Act, it shall consult in advance with the Minister of Land, Transport and Maritime Affairs. The same shall also apply in cases where it seeks to authorize any change in the articles of incorporation of an urban railroad corporation pursuant to Article 56 (3) of the Local Public Enterprises Act.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 19 (Revocation, etc. of License)   print
(1) If a person licensed to operate an urban railroad business falls under any of the following subparagraphs, the Minister of Land, Transport and Maritime Affairs may revoke his/her license or order him/her to suspend his/her business for a period of not more than six months: Provided, That in cases falling under subparagraph 1, the license shall be revoked:
1. Where he/she obtains a license for an urban railroad business provided in Article 4 (1) in a false or any other illegal manner;
2. Where he/she violates any condition attached to a license under Article 4 (2);
3. Where he/she makes a merger without making a report thereon under Article 4 (3);
4. Where he/she suspends his/her urban railroad business without permission under Article 4 (4), or fails to resume his/her urban railroad business after expiration of the period of business suspension;
5. Where he/she constructs or operates urban railroads without obtaining approval for his/her business plan for urban railroads under the former part of Article 4-3 (1);
6. Where he/she makes any change in his/her business plan for urban railroads without obtaining approval for such change under the latter part of Article 4-3 (1);
7. Where he/she entrusts a legal entity with the construction and operation of urban railroads without obtaining approval under the latter part of Article 15 (1);
8. Where he/she fails to make a report on fares or on any change in such fares under Article 15-2 (1);
9. Where he/she fails to comply with an order to improve his/her business under Article 16;
10. Where he/she authorizes any change in the articles of incorporation without consultation under Article 18;
11. Where he/she violates Article 22-2 by operating any urban rolling stock below the safety standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs (hereinafter referred to as "safety standards") in accordance with paragraphs (1) and (2) of said Article or by installing, maintaining or administering any urban railroad facilities below such safety standards;
12. Where he/she operates any urban rolling stock over the life thereof in violation of Article 22-5;
13. Where he/she fails to comply with an order issued under Article 24 (2);
14. Where he/she violates Article 25 by failing to submit a report or submitting a false report or by refusing, interfering with or evading an inspection.
(2) Detailed standards for the administrative disposition under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs in consideration of the category, extent, etc. of offense.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 19-2 (Imposition of Penalty Surcharges)   print
(1) If a person licensed to operate an urban railroad business falls under any subparagraph of Article 19 (1) and thus is subject to a disposition of business suspension, but it is deemed that the business suspension would cause serious inconvenience to the users, etc. of that business or otherwise be detrimental to the public interest, the Minister of Land, Transport and Maritime Affairs may impose a penalty surcharge not exceeding 20 million won in lieu of the disposition of business suspension, as prescribed by Presidential Decree.
(2) The category of offense subject to imposition of penalty surcharge and the amount of penalty surcharge depending upon the extent, etc. of offense under paragraph (1) and other necessary matters shall be prescribed by Presidential Decree.
(3) If a person liable to pay a penalty surcharge under paragraph (1) fails to pay the penalty surcharge within the deadline for payment thereof, such penalty surcharge shall be collected in the same manner as delinquent national or local taxes are collected.
(4) The penalty surcharges collected pursuant to paragraphs (1) and (3) shall be used by the competent collection body, for the following purposes only:
1. Enlargement and maintenance of facilities related to urban railroads;
2. Research and development of urban railroad technology;
3. Projects for improvement of services for urban railroad users;
4. Construction and operation of educational and training facilities to cultivate, educate or train urban railroad operating manpower or otherwise upgrade the quality of such manpower;
5. Other necessary matters to improve the management or otherwise promote the development of urban railroad business.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 20 (Hearing)   print
The Minister of Land, Transport and Maritime Affairs shall hold a hearing when he/she intends to revoke a license for an urban railroad business pursuant to Article 19.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 21 (Demand and Supply of Urban Railroad Operating Manpower)   print
Any urban railroad operator shall develop a plan to facilitate the demand and supply of urban railroad operating manpower and submit it to the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 21-2 Deleted.<by Act No. 5967, Apr. 15, 1999>   print
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 Article 22 (Standard Dimensions)   print
(1) The Minister of Land, Transport and Maritime Affairs may determine standard dimensions for urban rolling stock and urban railroad facilities to secure the efficient operation and compatibility of urban railroads and recommend them for those who intend to manufacture, assemble or import urban rolling stock or urban railroad facilities (hereinafter referred to as "manufacturers, etc"), urban railroad constructors and urban railroad operators: Provided, That with respect to the matters subject to the Korean Industrial Standards under the Industrial Standardization Act, such Standards shall prevail.
(2) The Minister of Land, Transport and Maritime Affairs shall, upon establishment of standard dimensions for urban rolling stock and urban railroad facilities, publish them.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 22-2 (Safety Standards)   print
(1) Any urban rolling stock, the structure or components of which, as prescribed by Presidential Decree, do not meet the safety standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, shall be prohibited from being put in service.
(2) Urban railroad facilities prescribed by Presidential Decree shall be installed, maintained and administered in compliance with the safety standards prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, except as specifically provided for in any other Act.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 22-3 (Performance Test)   print
(1) Where it is intended to sell or install any urban rolling stock or urban railroad facilities manufactured, assembled or imported by a manufacturer, etc., the structure, the shape, dimension, etc. of components (hereinafter referred to as "types of rolling stock and facilities") and the performance of such urban rolling stock and urban railroad facilities shall be subject to a test conducted by a person designated by the Minister of Land, Transport and Maritime Affairs (hereinafter referred to as "performance test"). The same shall also apply to any change in the types or performance of rolling stock and facilities having undergone performance tests (excluding any change in any minor matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs).
(2) Necessary matters regarding the items subject to performance tests and the standards and procedures for performance tests as well as the designation, etc. of persons conducting performance tests shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 22-4 (Certification of Quality for Urban Railroad Supplies)   print
(1) The Minister of Land, Transport and Maritime Affairs may designate certification institutions (hereinafter referred to as "quality certification institutions") to secure the performance and safety of parts, equipment, devices, etc. used for urban railroads (hereinafter referred to as "urban railroad supplies") and have such institutions conduct the certification of quality for urban railroad supplies: Provided, That this shall not apply with respect to urban railroad supplies which are certified pursuant to Article 15 of the Industrial Standardization Act.
(2) The Minister of Land, Transport and Maritime Affairs may recommend urban railroad constructors, urban railroad operators, manufacturers, etc. to preferentially purchase urban railroad supplies, the quality of which is certified.
(3) Necessary matters regarding the items subject to quality certification, the standards and procedures for and validity period of quality certification, the procedures for designation of quality certification institutions, etc. under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 22-5 (Life of Urban Rolling Stock)   print
(1) No urban railroad operator may operate urban rolling stock over the life prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That this shall not apply with respect to any urban rolling stock the life of which is extended because it is recognized to be fit for safe operation through a close diagnosis made by a person designated by the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
(2) Necessary matters regarding the conduct of close diagnosis and the extension of life under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 22-6 (Designation, etc. of Responsible Institutions)   print
(1) The Minister of Land, Transport and Maritime Affairs may designate and operate responsible institutions among research institutes, etc. to systematically and efficiently implement affairs concerning technical examinations and the devising of reform measures with respect to the establishment, amendment and repeal of the standard dimension, safety standards, performance test standards, quality certification standards and precise diagnosis standards under Articles 22 and 22-2 through 22-5.
(2) Necessary matters regarding the operation, etc. of responsible institutions shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 23 (Legal Fiction of Authorization, Permission, etc. under Other Acts)   print
(1) Where a person licensed to operate an urban railroad business has been granted the approval of his/her business plan or the approval of a change in his/her business plan under Article 4-3 (1), the permission, authorization, consent, consultation, approval, etc. referred to in each of the following subparagraphs shall be deemed to have been obtained: <Amended by Act No. 10331, May 31, 2010;Act No. 10599, Apr. 14, 2011; Act No. 11037, Aug. 4, 2011>
1. Permission for occupation and use of public waters under Article 5 of the Public Waters Management Act, consultation or approval under Article 6 of the same Act, and approval for or report on an implementation plan under Article 8 of the same Act;
2. Determination of an urbanand county management planunder Article 30 of the National Land Planning and Utilization Act (only applicable to the infrastructures under subparagraph 6 of Article 2 of the same Act), designation of the implementer of an urban and county planning facility project under Article 86 of the same Act, and authorization of an implementation plan for an urban and urban planning facility project under Article 88 of the same Act;
3. Permission for, or consultation about, diversion of farmland under Article 34 of the Farmland Act;
4. Permission for implementation of road works under Article 34 of the Road Act, and permission for occupation of roads under Article 38 of the same Act;
5. Permission for and report on conversion of a mountainous district under Articles 14 and 15 of the Management of Mountainous Districts Act, permission for and report on the temporary use of a mountainous district under Article 15-2 of the same Act, and permission for and report on the cutting, etc. of standing timber under Article 36 (1) and (4) of the Forest Resources Creation and Management Act;
7. Authorization on exclusive-use waterworks under Article 52 of the Water Supply and Waterworks Installation Act, and authorization on exclusive-use industrial waterworks under Article 54 of the same Act;
8. Authorization or report on a plan for construction of an electric system for electric utility under Article 61 of the Electric Utility Act, and authorization or report on a plan for the construction of a private-use electric system under Article 62 of the same Act;
9. Permission for a public sewerage system construction project under Article 16 of the Sewerage Act, and permission for occupation of a public sewerage system under Article 24 of the same Act;
10. Permission for implementation of river works under Article 30 of the River Act, permission for occupation of a river under Article 33 of the same Act, and permission for use of river water under Article 50 of the same Act.
(2) Where a business plan under Article 4-3 (1) includes matters referred to in any subparagraph of paragraph (1) at the time of approval thereof, the Minister of Land, Transport and Maritime Affairs shall consult in advance with the heads of related ministries and agencies.
(3) The construction and operation of urban railroads in urban traffic zones shall be subject to this Act, notwithstanding the provisions of other Acts: Provided, That except as specifically provided for in this Act, the Railroad Construction Act, the Railroad Enterprise Act, the Railroad Safety Act and the Tramway Transportation Act shall apply mutatis mutandis. <Amended by Act No. 9636, Apr. 22, 2009>
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
law view
 Article 23-2 (Fees)   print
(1) Any person who intends to file an application falling under any of the following subparagraphs shall pay fees as prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs: Provided, That with respect to a performance test and precise diagnosis conducted by a person designated by the Minister of Land, Transport and Maritime Affairs pursuant to Article 22-3 (1) and the proviso to Article 22-5 (1) (hereafter referred to as "designated institution" in this Article), the fees determined by such designated institution shall be paid to the institution:
1. Performance test under Article 22-3 (1);
2. Certification of quality under Article 22-4 (1);
3. Precise diagnosis under the proviso to Article 22-5 (1).
(2) Where a designated institution intends to determine fees pursuant to the proviso to paragraph (1), it shall establish the standards for calculation thereof and obtain approval therefor from the Minister of Land, Transport and Maritime Affairs. The same shall also apply to any change in the standards so approved.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 24 (Supervision, etc.)   print
(1) The Minister of Land, Transport and Maritime Affairs shall supervise urban railroad constructors.
(2) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary, issue orders necessary to supervise their business activities to urban railroad constructors.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 25 (Report and Inspection)   print
(1) The Minister of Land, Transport and Maritime Affairs may, if deemed necessary, direct an urban railroad constructor to report on his/her business and financial standing, or order a public official under his/her control to access an office or other place of business of an urban railroad constructor to inspect his/her business status, books, documents or other necessary articles.
(2) If a public official intends to access an office or other place of business to conduct an inspection pursuant to paragraph (1), he/she shall carry a certificate indicating his/her authority and present it to the interested parties.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 25-2 Deleted.<by Act No. 7245, Oct. 22, 2004>   print
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 Article 25-3 (Delegation of Authority)   print
The Minister of Land, Transport and Maritime Affairs may delegate part of his/her authority under this Act to the relevant Mayor/Do Governor, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 26 (Prohibition, etc. of Use of Grants for other than Purposes of Use thereof)   print
(1) Any urban railroad constructor shall be prohibited from using grants provided pursuant to Article 14 for other than the purposes of provision thereof.
(2) If an urban railroad constructor uses grants provided pursuant to Article 14 for other than the purposes of provision thereof or is paid such grants by false means, such grants shall be withdrawn.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 26-2 (Penal Provisions)   print
Any person who carries on an urban railroad business without obtaining a license under Article 4 (1) shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 26-3 (Penal Provisons)   print
Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than one year or by a fine not exceeding ten million won:
1. A person who operates any urban rolling stock below the safety standards, or fails to install, maintain or administer any urban railroad facility in compliance with the safety standards, in violation of Article 22-2;
2. A person who sells any urban rolling stock without undergoing a performance test, or installs or alters any urban railroad facility, in violation of Article 22-3 (1);
3. A person who operates any urban rolling stock over the life thereof in violation of Article 22-5.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 26-4 (Penal Provisions)   print
Any person who falls under any of the following subparagraphs shall be punished by a fine not exceeding five million won:
1. A person who suspends or closes down his/her urban railroad business without permission under Article 4 (4);
2. A person who violates an order issued under Article 16.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
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 Article 26-5 (Joint Penal Provisions)   print
If a representative of a legal entity, or an agent, a servant or other employee of a legal entity or an individual, commits an offense set forth in any of Articles 26-2 through 26-4 in relation to the business of the legal entity or individual, the legal entity or individual, in addition to the offender, shall be punished by a fine prescribed in the relevant Article: Provided, That this shall not apply in cases where the legal entity or individual has not neglected to supervise that business with due care to prevent such offense.
[This Article Wholly Amended by Act No. 9607, Apr. 1, 2009]
law view
 Article 27 Deleted.<by Act No. 9607, Apr. 1, 2009>   print
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 3846, May 12, 1986>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Subway Development Corporation) The Subway Development Corporation at the time this Act enters into force shall be deemed a local government-invested public corporation established under the Local Public Enterprises Act.
(3) (Transitional Measures concerning Underground Railroad Construction Bonds) Any underground railroad construction bonds issued before this Act enters into force shall be deemed underground railroad bonds under the amended provisions of Article 12.
ADDENDA<Act No. 4308, Dec. 31, 1990>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Compensation for Underground Portion)
The amended provisions of Article 4-6 shall apply to the underground portions of land which are used on or after this Act enters into force.
Article 3 (Transitional Measures concerning License, etc. for Underground Railroads)
Any person who constructs and operates underground railroads pursuant to Articles 5 and 6 of the Railroad Act under the previous provisions of Article 4-2 at the time this Act enters into force shall be deemed to be granted a license for an urban railroad business under the amended provisions of Article 4 and approval for a business plan under the amended provisions of Article 4-3.
Article 4 (Transitional Measures concerning Underground Railroad Bonds)
Any underground railroad bonds issued under the previous provisions of Article 12 at the time this Act enters into force shall be deemed to be urban railroad bonds issued under the amended provisions of Article 12.
Article 5 Omitted.
ADDENDA<Act No. 4371, May 31, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on the date the Seoul Metropolitan Council is organized.
Article 2 Omitted.
ADDENDA<Act No. 4419, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1992. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Act No. 4429, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 4434, Dec. 14, 1991>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 4533, Dec. 8, 1992>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 4578, Aug. 5, 1993>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDA<Act No. 4924, Jan. 5, 1995>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Applicability to Registration, etc. for Establishment of Partitioned Superficies) The amended provisions of Article 5-2 shall apply to the underground portions of land about the use of which consultation or an application for adjudication is held or made on or after this Act enters into force.
ADDENDUM<Act No. 5112, Dec. 29, 1995>
This Act shall enter into force six months after the date of its promulgation: Provided, That the safety standards under the amended provisions of Article 22-2 and the performance test under the amended provisions of Article 22-3 shall apply to urban rolling stock the operation (including a test operation) of which is commenced on or after January 1, 1999.
ADDENDA<Act No. 5453, Dec. 13, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM<Act No. 5454, Dec. 13, 1997>
This Act shall enter into force on January 1, 1998. (Proviso Omitted.)
ADDENDA<Act No. 5893, Feb. 8, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 5967, Apr. 15, 1999>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Urban Railroad Fares) Urban railroad fares authorized by the Minister of Construction and Transportation under the previous provisions of Article 15-2 at the time this Act enters into force shall be deemed to be reported to the Mayor/Do Governor under this Act.
ADDENDA<Act No. 6642, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 6656, Feb. 4, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2003.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 6841, Dec. 30, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDA<Act No. 6893, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 6917, May 29, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 7053, Dec. 31, 2003>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 7245, Oct. 22, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2005. (Proviso Omitted.)
Articles 2 through 13 Omitted.
ADDENDA<Act No. 7303, Dec. 31, 2004>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 7678, Aug. 4, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 12 Omitted.
ADDENDUM<Act No. 7713, Dec. 7, 2005>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 8014, Sep. 27, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 11 Omitted.
ADDENDA<Act No. 8338, Apr. 6, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 17 Omitted.
ADDENDA<Act No. 8352, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA<Act No. 8370, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 20 Omitted.
ADDENDA<Act No. 8486, May 25, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 10 Omitted.
ADDENDA<Act No. 8509, Jul. 13, 2007>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Articles 22, 22-2 and 22-3 shall take effect one year after the date of its promulgation.
(2) (Applicability to Extinctive Prescription of Interest on Urban Railroad Bonds) The extinctive prescription of interest on urban railroad bonds under the amended provisions of Article 12 (4) shall apply to the urban railroad bonds issued on or after this Act enters into force.
(3) (Applicability to Standard Dimension, etc. for Urban Railroad Facilities) The standard dimension, safety standards and performance test for urban railroad facilities under the amended provisions of Articles 22, 22-2 and 22-3 shall apply to the urban railroad facilities for which basic design is undertaken on or after this Act enters into force.
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.
ADDENDA<Act No. 9071, Mar. 28, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 2009. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDA<Act No. 9401, Jan. 30, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 11 Omitted.
ADDENDUM<Act No. 9607, Apr. 1, 2009>
This Act shall enter into force three months after the date of its promulgation: Provided, That the amended provisions of Article 26-5 shall take effect on the date of its promulgation.
ADDENDA<Act No. 9636, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDA<Act No. 9772, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA<Act No. 10266, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 Omitted.
ADDENDA<Act No. 10331, May 31, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (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. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA<Act No. 11037, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.