Article 12(Cancellation of Permission and Approval) #
(1) Where a tramway service provider or an exclusive tramway operator (excluding an exclusive tramway operator who has filed a report 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 already granted, or order to suspend all or part of the management of tramway business or of the operation of an exclusive tramway for a period of up to six months: Provided, That where he or she falls under any of subparagraphs 1, 2, and 4 through 6, his/her permission or approval shall be canceled: <Amended on Mar. 22, 2013; Mar. 22, 2016; Aug. 16, 2023>
1. Where he or she obtains permission or permission for modification under Article 4, or approval or approval for modification under Article 5, by fraud or other improper means;
2. Where he or she no longer meets the standards for permission or approval under Article 4 (3) (including cases where such provisions apply mutatis mutandis to Article 5 (4)): Provided, That where he or she meets such standards within three months, this shall not apply;
3. Where he or she modifies matters already permitted or approved without permission for such modification under Article 4 (4) or approval for modification under Article 5 (3);
4. Where he or she violates the conditions for permission or approval under Article 4 (5) (including cases where such provisions apply mutatis mutandis to Article 5 (4)), conditions for approval under Article 4-2 (2), and conditions for a special construction approval under Article 16 (3), without justifiable grounds;
5. Where he or she fails to commence construction within the period specified in Article 7 (1) without justifiable grounds (limited to a tramway service provider);
6. Where he or she falls under any of the grounds for disqualification under the subparagraphs of Article 6: Provided, That in the case of a juristic person which has replaced a disqualified executive officer with another without any grounds for disqualification, such juristic person shall be excluded therefrom;
7. Where he or she manages tramway business or operates an exclusive tramway without undergoing a completion inspection under Article 8;
8. Where he or she suspends or modifies the period of suspension already reported without reporting thereon, in violation of Article 11 (1);
9. Where he or she operates tramway business or an exclusive tramway without undergoing an occasional inspection specified in Article 19 (1) 2 or an in-depth safety inspection specified in subparagraph 3 of that paragraph (excluding item (b));
10. Where he or she operates tramway business or an exclusive tramway without undergoing a regular inspection specified in Article 19 (1) 1 or an in-depth safety inspection specified in subparagraph 3 (b) of that paragraph even after receiving notification prescribed in Article 19 (4);
11. Where he or she violates safety regulations under Article 21;
12. Where he or she violates safety management obligation under Article 22 (2) or (3);
13. Where he or she violates 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 or she causes a serious tramway accident, etc. under Article 25 (1) intentionally or by gross negligence;
15. Where he or she fails to comply with an order to report under Article 30 or files a false report, or refuses, obstructs, or evades an inspection;
16. Where he or she manages a tramway business or operates an exclusive tramway during the period of suspension of the management of tramway business or operation of an exclusive tramway.
(2) Where an exclusive tramway operator who has reported pursuant to the proviso to Article 5 (1) falls under any of the following cases, the head of a Si/Gun/Gu may order to suspend all or part of the operation of the relevant exclusive tramway for a period of up to six months: <Amended on Aug. 16, 2023>
1. Where he or she has made a report under the proviso to Article 5 (1) by fraud or other improper means;
2. Where he or she operates an exclusive tramway without undergoing a completion inspection under Article 8;
3. Where he or she operates an exclusive tramway without undergoing an occasional inspection specified in Article 19 (1) 2 or an in-depth safety inspection specified in subparagraph 3 of that paragraph (excluding item (b));
4. Where he or she operates an exclusive tramway without undergoing a regular inspection specified in Article 19 (1) 1 or an in-depth safety inspection specified in subparagraph 3 (b) of that paragraph even after receiving notification prescribed in Article 19 (4);
5. Where he or she violates safety regulations under Article 21;
6. Where he or she violates safety management obligation under Article 22 (2) or (3);
7. Where he or she violates 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 or she causes a serious tramway accident, etc. under Article 25 (1) intentionally or by gross negligence;
9. Where he or she fails to comply with an order to report under Article 30 or files a false report, or refuses, obstructs, or evades an inspection;
10. Where he or she operates an exclusive tramway during the period of suspension of the operation of exclusive tramway.
(3) The standards and procedures for a disposition under paragraphs (1) and (2), and other necessary matters shall be prescribed by Presidential Decree.