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Oil Pipeline Safety Control Act


Published: 2010-04-15

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 Article 1 (Purpose)   print
The purpose of this Act is to prevent harm from oil pipelines and to secure public safety by prescribing the safety management of oil pipelines.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act are as follows:
1. The term "petroleum" means petroleum under subparagraph 1 of Article 2 of the Petroleum and Petroleum Substitute Fuel Business Act excluding natural gas (including liquefied natural gas) and petroleum gas (excluding liquefied petroleum);
2. The term "oil pipelines" means pipelines and structures to transport petroleum, excluding facilities prescribed by Presidential Decree;
3. The term "pipeline installers" means persons installing and operating oil pipelines after obtaining authorization of construction plans as prescribed in Article 3;
4. The term "pipeline manager" means persons operating pipelines after being entrusted with the management thereof by pipeline installers.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 3 (Authorization, etc. of Construction Plans)   print
(1) Those who intend to commence construction works prescribed by Ordinance of the Ministry of Knowledge Economy which are the construction works of installing pipelines shall obtain authorization of the Minister of Knowledge Economy on such construction plans: Provided, That where they have performed insignificant construction works prescribed by Presidential Decree, restoration works from disaster, or other urgent construction works, they shall report it to the Minister of Knowledge Economy.
(2) When the construction plans under the main sentence of paragraph (1) comply with the technical standards prescribed by Ordinance of the Ministry of Knowledge Economy (hereinafter referred to as "technical standards"), the Minister of Knowledge Economy shall authorize such construction plans.
(3) When pipeline installers intend to modify construction plans authorized as prescribed in the main sentence of paragraph (1), they shall obtain authorization of the Minister of Knowledge Economy: Provided, That where they intend to modify insignificant matters prescribed by Ordinance of the Ministry of Knowledge Economy, they shall report it to the Minister of Knowledge Economy.
(4) Paragraph (2) shall apply mutatis mutandis to the authorization for modification under the main sentence of paragraph (3).
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 4 (Legal Fiction concerning Permission, etc.)   print
(1) When the Minister of Knowledge Economy authorizes construction plans or modification thereof under the main sentence of Article 3 (1), or paragraph (3), matters that have been consulted, with the heads of related administrative agencies as prescribed in paragraph (2), on permission, authorization, license or designation (hereinafter referred to as "permission, etc.") in the following subparagraphs shall be deemed to have obtained permission, etc.: <Amended by Act No. 9313, Dec. 31, 2008; Act No. 9763, Jun. 9, 2009; Act No. 10272, Apr. 15, 2010; Act No. 10331, May 31, 2010>
1. Permission for occupation of road under Article 38 (1) of the Road Act;
2. Permission for conversion of farmland under Article 34 (1) of the Farmland Act;
3. Permission for opening private roads under Article 4 of the Private Road Act;
4. Permission for activities in the park areas under Article 23 (1) of the Natural Parks Act;
5. Permission for occupation and use of pubic waters under Article 8 of the Public Waters Management and Reclamation Act and a license for reclamation of public waters under Article 28 (1) of the same Act;
6. Deleted: <by Act No. 10272, Apr. 15, 2010>
7. Permission for occupation and use of urban parks and permission for activities in the urban natural parks district under Article 24 (1) and the proviso to Article 27 (1) of the Act on Urban Parks, Greenbelts, etc.;
8. Permission for occupation and use of utility-pipe conduits under Article 44 (4) of the National Land Planning and Utilization Act and permission for use thereof, permission for development under Article 56 (1) of the same Act, permission for urbanization coordination districts under Article 81 (2) of the same Act, designation of implementers under Article 86 (5) of the same Act and authorization of implementation plans under Article 88 (2) of the same Act;
9. Permission for activities in the grassland under Article 21-2 of the Grassland Act;
10. Permission for occupation and use of public sewerage under Article 24 of the Sewerage Act;
11. Permission for the conversion of mountainous districts and report thereof under Articles 14 and 15 of the Management of Mountainous Districts Act, permission for or report of the temporary use of mountainous districts under Article 15-2 of the same Act, permission for cutting, etc. of standing trees and report thereof under Article 36 (1) and (4) of the Forest Resources Creation and Management Act, and permission for activities and report thereof in the forest protection district (excluding forest hereditary resource protection districts) under Article 9 (1) and (2) 1 and 2 of the Forest Protection Act;
12. Permission for activities in anti-erosion areas under Article 14 (1) of the Work against Land Erosion or Collapse Act;
13. Permission for occupation and use of rivers under Article 33 (1) of the River Act;
14. Permission for use of public land and for profit making therefrom under Article 20 (1) of the Public Property and Commodity Management Act;
15. Permission for the implementation of harbor works under Article 9 (2) of the Harbor Act.
(2) When the Minister of Knowledge Economy authorizes construction plans or modification thereof under the main sentence of Article 3 (1) or the main sentence paragraph (3), he/she shall consult with the heads of related administrative agencies if such construction plans involve matters falling under any of subparagraphs of paragraph (1).
(3) When pipeline installers obtain authorization of construction plans or authorization of modification thereof under the main sentence of Article 3 (1) or the main sentence paragraph (3), they shall pay fees, charges for occupation and use, usage fees, etc. concerning permission, etc. under Acts in subparagraphs of paragraph (1).
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 5 (Completion Inspections, etc.)   print
(1) When pipeline installers finish the construction of relevant pipelines, they shall have a completion inspection of the Minister of Knowledge Economy.
(2) The standards for completion inspections under paragraph (1) shall be as follows:
1. Whether the relevant construction complies with the construction plans authorized under the main sentence of Article 3 (1) (including authorized modification of construction plans where authorization of modification under the main sentence of Article 3 (3) has been obtained);
2. Whether construction has been completed in accord with the technical standards.
(3) When part of the pipelines have been completed in accordance with construction plans, pipeline installers may use them after passing use inspection of the Minister of Knowledge Economy.
(4) Paragraph (2) shall apply mutatis mutandis to the standards for inspections under paragraph (3).
(5) No pipeline installer shall use any pipeline unless it has passed completion inspection under paragraph (1) or use inspection under paragraph (3).
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 6 (Safety Management Regulations)   print
(1) In order to secure the safety of pipelines, pipeline installers or pipeline managers (hereinafter referred to as "pipeline installers, etc.") shall establish safety management regulations involving matters prescribed by Ordinance of the Ministry of Knowledge Economy, such as emergency management measures when oil leaks occur, safety management systems, etc. and obtain authorization of the Minister of Knowledge Economy before the operation of oil pipelines. The same shall apply to the modification thereof.
(2) The pipeline installers, etc. and employees thereof shall abide by safety management regulations under paragraph (1).
(3) The Minister of Knowledge Economy shall confirm whether pipeline installers, etc. and employees thereof abide by safety management regulations under paragraph (1).
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 7 (Safety Managers)   print
(1) The pipeline installers, etc. shall appoint safety managers for the safe management of pipelines.
(2) When a safety manager has been dismissed or has retired from office, the pipeline installers, etc. who appointed such safety manager as prescribed in paragraph (1) shall appoint a new safety manager within the period prescribed by Ordinance of the Ministry of Knowledge Economy from the date the safety manager has been dismissed or has retired from office.
(3) The pipeline installers, etc. who have appointed safety managers shall report it to the Minister of Knowledge Economy within the period prescribed by Ordinance of the Ministry of Knowledge Economy from the date they have appointed such safety managers.
(4) In any of the following cases, the pipeline installers, etc. shall designate a proxy and have him/her vicariously perform the duties of safety manager temporarily:
1. Where a safety manager is unable to temporarily perform his/her duties due to travel, disease or other reasons;
2. Where a successor is not appointed after a safety manager has been dismissed or has retired from office.
(5) The qualifications and extent of duties of safety managers shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 8 (Safety Inspection)   print
(1) The pipeline installers, etc. shall have a safety inspection of pipelines of the Minister of Knowledge Economy.
(2) The subjects, standards, methods and period of safety inspection under paragraph (1) and other matters necessary for inspection shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 9 (Access, etc. to other Persons' Land)   print
(1) The pipeline installers, etc. may gain access to other persons' land, use other persons' land, or change or remove other persons' plants or other obstacles if necessary for the field study concerning pipeline construction, land surveying and carrying out construction.
(2) The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor shall apply mutatis mutandis to the access to land, change and removal of plants and other obstacles under paragraph (1) and compensation therefor.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 10 (Preservation of Pipelines)   print
(1) When a pipeline installer acknowledges that another person's plants and other obstacles are likely to cause hindrance to the preservation of pipelines or such concerns exist, the pipeline installers may change or remove such plants or other obstacles.
(2) Article 9 (2) shall apply mutatis mutandis to the change and removal of plants and other obstacles under paragraph (1).
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 11 (Delegation and Entrustment of Authority)   print
(1) Part of the authority of the Minister of Knowledge Economy under this Act may be delegated to the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of Special Self-Governing Province, as prescribed by Presidential Decree.
(2) The duties in the following subparagraphs among the authority of the Minister of Knowledge Economy under this Act may be entrusted to the Korea Gas Safety Corporation (hereinafter referred to as "Corporation") established under Article 28 of the High-Pressure Gas Safety Control Act:
1. Completion inspections under Article 5 (1);
2. Use inspections under Article 5 (3);
3. Confirmation as to whether safety management regulations are abided by as prescribed in Article 6 (3);
4. Receipt of reports of appointment of safety manager under Article 7 (3);
5. Safety inspections under Article 8 (1).
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 12 (Legal Fiction of Public Officials in Applying Penal Provisions)   print
The executives and employees of the Corporation engaged in the duties entrusted by the Minister of Knowledge Economy as prescribed in Article 11 (2) shall be deemed public officials in applying penal provisions under Articles 129 through 132 of the Criminal Act.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 13 (Penal Provisions)   print
(1) Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than ten years but not less than three years, or by a fine not exceeding 150 million won, or both such imprisonment and fine:
1. A person who obstructs the swift transportation of oil by damaging or eliminating pipelines or by inflicting obstacles to the function of pipelines;
2. A person who installs facilities on the pipelines to steal oil.
(2) Any person who commits a crime under paragraph (1) 1 due to professional negligence or gross negligence shall be punished by imprisonment without prison labor for not more than five years, or by a fine not exceeding 20 million won.
(3) Any person who obstructs the swift transportation of oil by maneuvering oil pipelines without consent of pipeline installers, etc. shall be punished by imprisonment for not more than ten years but not less than three years, or by a fine not exceeding 150 million won, or both such imprisonment and fine.
(4) Any person who causes another person to die or sustain an injury in violation of paragraph (1) or (3) shall be punished by imprisonment for a limited term of not less than five years.
(5) Any person who causes another person to die or sustain an injury by committing a crime under paragraph (2) shall be punished by imprisonment without prison labor for not more than ten years, or by a fine not exceeding 100 million won.
(6) A person who is guilty of an attempt under paragraphs (1) and (3) shall be subject to punishment.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 14 (Penal Provisions)   print
Any person falling under any of the following subparagraphs shall be punished by imprisonment for not more than three years, or a fine not exceeding thirty million won:
1. A person who installs pipelines without obtaining authorization or modification thereof under the main sentence of Article 3 (1) or the main sentence of paragraph (3);
2. A person who uses pipelines, in violation of Article 5 (5);
3. A person who operates pipelines without obtaining authentication of safety management regulations under Article 6 (1);
4. A person who violates any responsibility for abiding by safety management regulations under Article 6 (2);
5. A person who fails to appoint a safety manager, in violation of Article 7 (1) or (2).
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 15 (Penal Provisions)   print
Any person who refuses, obstructs or evades a safety inspection under Article 8 (1) shall be punished by imprisonment for not more than one year, or by a fine not exceeding ten million won.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 16 (Joint Penal Provisions)   print
(1) If the representative, agent, employee or worker of a juristic person violates Articles 13 through 15 concerning the duties of such juristic person, not only the perpetrator shall be punished but such juristic person also shall be punished by a fine under the relevant provisions: Provided, That where such juristic person has not been negligent in considerable attention and supervision concerning such duties in order to prevent such violations, this shall not apply.
(2) If the agent, employee or worker of an individual violates Articles 13 through 15 concerning the duties of such individual, not only the perpetrator shall be punished but such individual also shall be punished by a fine under the relevant provisions: Provided, That where such individual has not been negligent in paying due attention and supervision concerning such duties in order to prevent such violations, this shall not apply.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
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 Article 17 (Fines for Negligence)   print
(1) Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding three million won:
1. A person who fails to make a report or makes a fraudulent report under the proviso to Article 3 (1);
2. A person who fails to make a report or makes a fraudulent report under the proviso to Article 3 (3);
3. A person who refuses, obstructs, or evades confirmation under Article 6 (3);
4. A person who fails to make a report or makes a fraudulent report under the proviso to Article 7 (1).
(2) The fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Knowledge Economy, as prescribed by Presidential Decree.
(3) Those who are dissatisfied with the disposition of a fine for negligence under paragraph (2) may raise an objection to the Minister of Knowledge Economy within thirty days from the date such disposition was notified.
(4) If a person who has received disposition of fine for negligence under paragraph (2) raises an objection as prescribed in paragraph (3), the Minister of Knowledge Economy shall notify the competent court of such fact without delay, which, in turn, shall proceed to a trial on the fine for negligence pursuant to the Non-Contentious Case Litigation Procedure Act.
(5) If no objection is raised and a fine for negligence is not paid within the period under paragraph (3), it shall be collected according to the of disposition on default of national taxes.
[This Article Wholly Amended by Act No. 9019, Mar. 28, 2008]
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Special Cases of Oil Pipelines to which Previous Oil Pipeline Business Act Was not Applicable)
(1) No technical standards under Article 3 (2) shall apply to any oil pipeline installed (including parts laid underground among pipelines being installed) before this Act enters into force, to which the previous Oil Pipeline Business Act did not apply.
(2) Pipeline installers, etc. of pipelines under paragraph (1) shall submit facility management plans concerning the present status of installation of pipelines, and maintenance and repair thereof to the Minister of Commerce, Industry and Energy within three months from the date this Act enters into force.
(3) Where the Minister of Commerce, Industry and Energy acknowledges it necessary for the safety management of oil pipelines, he/she may order the modification of facility management plans under paragraph (2).
(4) Where pipeline installers, etc. have submitted facility management plans as prescribed in paragraph (2), authorization under main sentence of Article 3 (1) and completion inspection under Article 5 (1) shall be deemed to have been obtained.
(5) The pipeline installers, etc. under paragraph (1) shall determine safety management regulations under Article 6 (1) and obtain authorization of the Minister of Commerce, Industry and Energy within three months from the date this Act enters into force.
(6) Any person falling under any of the following subparagraphs shall be punished by a fine not exceeding three million won:
1. A pipeline installer, etc. who fails to submit facility management plans under Article 2;
2. A person who fails to implement any order for modification of a facility management plan under Article 3.
(7) Article 17 (2) through (5) shall apply mutatis mutandis to the imposition and collection of fines for negligence under paragraph (6).
Article 3 (Transitional Measures concerning Authorization, etc. of Construction Plans)
Those who have obtained authorization of construction plans, reported construction plans, obtained authorization of modification, or reported modification as prescribed in Article 13 (1) or (5) of the previous Oil Pipeline Business Act shall be deemed to have obtained authorization of construction plans or have reported construction plans, respectively, as prescribed in Article 3.
Article 4 (Transitional Measures concerning Completion Inspection, etc.)
Those who have obtained completion inspection under the provisions of Article 14 (1) or an inspection under Article 14 (4) of the previous Oil Pipeline Business Act at the time this Act enters into force shall be deemed to have obtained a completion inspection or use inspection under Article 5.
Article 5 (Transitional Measures concerning Safety Management Regulations)
The safety management regulations authorized as prescribed in Article 23 (1) of the previous Oil Pipeline Business Act at the time this Act enters into force shall be deemed safety management regulations authorized as prescribed in Article 6 (1).
Article 6 (Transitional Measures concerning Safety Managers)
The safety managers reported as prescribed in Article 24 (3) of the previous Oil Pipeline Business Act at the time this Act enters into force shall be deemed to have been reported as prescribed in Article 7 (3).
Article 7 (Transitional Measures concerning Safety Inspections)
A person who has obtained safety inspections as prescribed in Article 25 of the previous Oil Pipeline Business Act at the time this Act enters into force shall be deemed to have obtained safety inspections as prescribed in Article 8.
Article 8 (Transitional Measures concerning Penal Provisions)
The application of penal provisions to acts committed before this Act enters into force shall be pursuant to the previous Oil Pipeline Business Act.
Article 9 Omitted.
Article 10 (Relation with other Acts and Subordinate Statutes)
A citation of the former Oil Pipeline Business Act and the provisions thereof in other Acts and subordinate statues at the time this Act enters into force shall, if the corresponding provisions exists in this Act, be deemed a citation of this Act or corresponding provisions thereof, in lieu of the former provisions.
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. 7240, Oct. 22, 2004>
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.
ADDENDA<Act No. 7476, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 10 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.
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. 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. 9019, Mar. 28, 2008>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Safety Management Regulations) The Safety Management Regulations authorized as prescribed in the previous provisions at the time this Act enters into force shall be deemed safety management regulations under the amended provisions of Article 6.
ADDENDA<Act No. 9313, Dec. 31, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA<Act No. 9763, Jun. 9, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force nine months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA<Act No. 10272, Apr. 15, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 14 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.