Article 1(Purpose) #
The purpose of this Act is to maintain and improve motorways and to contribute to the development of the vehicular traffic network by prescribing matters necessary for the designation of routes of motorways, structural management, preservation, etc. of motorways, except as otherwise expressly provided in the Road Act concerning motorways.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 2(Definitions of Terms) #
The terms used in this Act shall be defined as follows:
1. The term "road" means a road defined in Article 2 of the Road Act;
2. The term "motorway" means a road which forms an important axis of the vehicular traffic network and is used exclusively for high-speed vehicular traffic connecting important cities, the route of which is designated pursuant to Article 3;
3. The term "motor vehicle" means a motor vehicle defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act and construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act and prescribed by Presidential Decree which may operate on the motorway;
4. The term "motorway manager" means the Korea Highway Corporation conducting affairs of the management agency concerning motorways on its behalf pursuant to Article 6 (1) and a person managing and operating a motorway, who is a concessionaire defined in subparagraph 7 of Article 2 of the Act on Public-Private Partnerships in Infrastructure.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 3(Designation of Routes) #
(1) The route of a motorway shall be designated by Presidential Decree.
(2) The number and name of a route, the starting point, the ending point, important places a route runs through, etc. shall be prescribed by Presidential Decree referred to in paragraph (1).
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 4(Standards for Road Structures) #
Standards for the structures and facilities of a motorway shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 5(Management Agency) #
The Minister of Land, Transport and Maritime Affairs shall be the management agency of motorways.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 6(Conducting Affairs on Behalf of Management Agency) #
(1) The Minister of Land, Transport and Maritime Affairs may have the Korea Highway Corporation exercise part of his/her authority over motorways provided in this Act, the Road Act or other road-related Acts on his/her behalf, as prescribed by Presidential Decree.
(2) Where the Korea Highway Corporation exercises the authority of the Minister of Land, Transport and Maritime Affairs over motorways on his/her behalf pursuant to paragraph (1), it shall be deemed the management agency of the relevant motorways for purposes of this Act, the Road Act or other road-related Acts to the extent it exercises such authority on his/her behalf.
(3) Where the Minister of Land, Transport and Maritime Affairs has the Korea Highway Corporation conduct affairs on his/her behalf pursuant to paragraph (1), he/she may pay agency fees, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 7(Methods for Crossing and Connection to other Facilities) #
(1) Where the Minister of Transport, Land and Maritime Affairs intends to cross a motorway with roads, railroads, tracks, thoroughfares or facilities for traffic purposes, he/she shall achieve the crossing of a motorway by other routes with grade separation except in extenuating circumstances.
(2) No routes other than roads or thoroughfares and facilities for traffic purposes prescribed by Presidential Decree shall be connected to a motorway.
(3) A person who intends to connect roads other than roads managed by the Minister of Land, Transport and Maritime Affairs or thoroughfares and facilities for traffic purposes prescribed by Presidential Decree to a motorway shall obtain permission from the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree. The same shall also apply where he/she intends to alter matters permitted.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 8(Designation of Clearance Zones) #
Notwithstanding Article 49 (1) of the Road Act, the Minister of Land, Transport and Maritime Affairs may designate a clearance zone within a limit not exceeding 50 meters from the boundary lines of a motorway in an area connecting to a motorway to prevent damage to the structure of a motorway, to prevent dangers caused by high-speed driving or to preserve fine views, as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 9(Restrictions, etc. on Passage) #
(1) No person shall use or enter a motorway without using a motor vehicle.
(2) The Minister of Land, Transport and Maritime Affairs shall install a road sign specifying objects prohibited from or restricted to using or enter the motorway at the entrance to such motor way or other necessary places.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 9-2(Emergency Restrictions, etc. on Passage) #
(1) A motorway manager may temporarily prohibit or restrict the passage of motor vehicles entering or moving on a motorway (hereinafter referred to as "emergency restrictions on passage") to the extent deemed necessary to preserve the structure of a motorway and to prevent dangers from driving when the passage of motor vehicles on the motorway is dangerous or traffic is likely to be congested for a long time due to a natural disaster or other equivalent emergencies. In such cases, the motorway manager shall, without delay, notify the head of the competent national police office of the fact and request him/her to prohibit or restrict the passage of motor vehicles with the designated sections of the motorway.
(2) The head of the national police office in receipt of a request made under paragraph (1) shall comply with the request except in extenuating circumstances.
(3) Where a motorway manager has imposed emergency restrictions on passage pursuant to paragraph (1), he/she shall promptly report the fact to the management agency, and take measures necessary to remove hazards from the relevant motorway and to facilitate a smooth traffic flow.
(4) Matters necessary for specific criteria, procedures, etc. based on which emergency restrictions on passage may be imposed on a motorway pursuant to paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 10(Application of the Road Act) #
Except as otherwise expressly provided in this Act, the Road Act shall apply to motorways: Provided, That Article 20 (2) of the Road Act shall not apply.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 11(Penal Provisions) #
(1) Any person who impairs the usefulness of a motorway by damaging it or by damaging or removing its appurtenance, or who causes danger to traffic on a motorway shall be punished by imprisonment for not more than ten years or by a fine not exceeding 15 million won.
(2) An attempt to commit those referred to in paragraph (1) shall also be punished.
(3) Any person committing a crime referred to in paragraph (1) by negligence shall be punished by a fine not exceeding three million won: Provided, That any person engaged in the management of a motorway shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 12(Penal Provisions) #
(1) Any person who overturns or destroys a motor vehicle by committing a crime referred to in Article 11 (1) shall be punished by imprisonment for at least one year up to ten years.
(2) Any person who inflicts an injury upon any other person by committing a crime referred to in paragraph (1) shall be punished by imprisonment for a definite term of at least one year, and any person who causes the death of any other person by committing a crime referred to in paragraph (1) shall be punished by imprisonment for life or imprisonment for a definite term of at least three years.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 13(Penal Provisions) #
Any of the following persons shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won:
1. Any person who violates Article 7 (2) or (3);
2. Any person who violates Article 9 (1).
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 13-2(Fines for Negligence) #
(1) Any person who violates emergency restrictions on passage imposed under Article 9-2 (1) shall be punished by a fine for negligence not exceeding three million won.
(2) The Minister of Land, Transport and Maritime Affairs shall impose and collect fines for negligence referred to in Paragraph (1), as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 10720, May 24, 2011]
Article 14 #
Deleted.<by Act No. 7309, Dec. 31, 2004>