RAILROAD ACT

Article 1(Purpose) #

The purpose of this Act is to enhance the public welfare by efficiently managing the railroads. <Amended by Act No. 3511, Dec. 31, 1981>

Article 2(Definitions) #

(1) For the purpose of this Act, the term “railroads” means the facilities needed for the construction of rails, operation of trains, and transport of the passengers and cargo. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 4648, Dec. 27, 1993>

(2) For the purpose of this Act, the term “exclusive railroads” means the railroads constructed or operated for the execution of special missions, not for general operations. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 7052, Dec. 31, 2003>

(3) For the purpose of this Act, the term “public railroads” means the railroads constructed or operated for general operations. <Newly Inserted by Act No. 7052, Dec. 31, 2003>

(4) For the purpose of this Act, the term “railroad staff” means any person who is engaged in transportation with respect to the passengers and general public, service of operations and transportation inside the railroads, maintenance and repair of the rails, trains, and other physical facilities. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

Article 3(Construction and Operation) #

The construction of rails and the structure and operation of trains shall be governed by the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 2869, Dec. 31, 1975; Act No. 5454, Dec. 13, 1997>

Article 4(Transport) #

Transport by railroads shall be prescribed by the Presidential Decree, except as prescribed in this Act. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 5(Public Railroads and Exclusive Railroads) #

Any person who wishes to operate public railroads or exclusive railroads shall obtain a license from the Minister of Construction and Transportation as prescribed by the Presidential Decree. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 5454, Dec. 13, 1997; Act No. 7052, Dec. 31, 2003>

Article 6(Permission) #

Any person who wishes to operate public railroads or exclusive railroads shall obtain permission from the Minister of Construction and Transportation with respect to the following matters as prescribed by the Presidential Decree: <Amended by Act No. 5454, Dec. 13, 1997; Act No. 7052, Dec. 31, 2003>

1. Business plan; and

2. Matters concerning the construction, operation, security, transport, and transport fares of railroads.

[This Article Wholly Amended by Act No. 2869, Dec. 31, 1975]

Article 7(Posting of Transport Fares, Fees, and Other Conditions of Transport) #

Transport fares, fees, and other conditions of transport shall be posted in the related stations 1 week prior to their enforcement at the latest.

Article 7-2(Reduction of Fares and Fees) #

A railroads manager may reduce or increase the fares and fees as prescribed by the Presidential Decree when such a change is deemed necessary for the management of railroads. <Amended by Act No. 4648, Dec. 27, 1993>

[This Article Newly Inserted by Act No. 3772, Dec. 31, 1984]

Article 8(Official Directions of Railroad Staff) #

Passengers and the general public shall act according to the official directions of the railroad staff. <Amended by Act No. 3772, Dec. 31, 1984>

Article 9(Complaints Related to Improper Treatment) #

(1) Railroads managers shall provide main stations with a report book.

(2) Any person who recognizes the existence of improper measures on the part of railroads managers with respect to the treatment of passengers and cargo may file a complaint by stating the relevant facts in the report book of paragraph (1). <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

(3) The railroads managers shall, without delay, provide explanations on the complaints when the complainants’ addresses and names are stated therein and take necessary measures.

Article 9-2(Temporary Suspension of Operation of Trains) #

The railroads managers may temporarily suspend the operation of trains in any of the following cases where the safe operation of trains is threatened:

1. In a case of concern of damage to the rails due to landslides or loss of land caused by heavy rains or tidal waves;

2. In a case of potential disasters due to operational obstacles caused by bad weather; or

3. In a case of other operational obstacles.

Article 10(Duty of Transport) #

(1) The railroads managers may not refuse the boarding of passengers in the case of compliance with the following:

1. Possession of a boarding pass; and

2. Compliance with the provisions concerning railroads transportation by the passengers.

(2) The matters concerning the boarding pass as referred to in paragraph (1) above and the boarding of patients with infectious diseases or patients with serious illnesses without caretakers shall be prescribed by the Presidential Decree. <Amended by Act No. 2528, Feb. 16, 1973;Act No. 3511, Dec. 31, 1981>

Article 10-2 #

Deleted.<by Act No. 3772, Dec. 31, 1984>

Article 11(Checking of Boarding Passes) #

In case of necessity, railroads managers may check for the possession of boarding passes by the passengers.

[This Article Wholly Amended by Act No. 4648, Dec. 27, 1993]

Article 12(Exchange of Boarding Passes and Return of Fares) #

(1) Passengers may, prior to the ticket checking of boarding passes, exchange their boarding passes for the boarding passes of different classes or return them for refunds of fares during the period of validity: Provided, That boarding passes may not be sold in excess of par value, and once boarded, passengers may not ask for refunds even in a case of suspension of travelling, except as otherwise provided by the railroads managers. <Amended by Act No. 1381, Jul. 31, 1963; Act No. 3772, Dec. 31, 1984>

(2) In a case of suspension of operation due to natural disasters or other unavoidable circumstances, railroads managers shall refund the fares in short of the amount for the distance already travelled or refund the full amount subsequent to taking the passengers back to the original station upon the request of the passengers. <Amended by Act No. 3772, Dec. 31, 1984>

Article 13(Inspection of Boarding Passes) #

(1) Passengers shall present boarding passes and have them inspected upon request by the railroad staff.

(2) When passengers get off train midway, they shall get certifications by the railroad staff on their boarding passes, and in a case of subsequent re-boarding, they shall have the boarding pass reinspected accordingly.

Article 14(Prohibition of Dismount in Areas Other than Stations) #

Passengers may not dismount a train in areas other than stations without permission of the railroad staff.

Article 15 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 16(Imposition of Surcharges) #

(1) If passengers fall under any of the following subparagraphs, the railroads managers shall impose additional fares not exceeding 30 times the normal fares in addition to the normal fares, which shall be predetermined separately by the railroads operator for each class of train and section of transportation considering the operational status: Provided, That in the cases of subparagraphs 1, 3, and 4 below, the railroads managers may not collect such fares when the passengers who are deemed to have not been able to purchase the boarding passes have reported in advance: <Amended by Act No. 1381, Jul. 31, 1963; Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984; Act No. 4648, Dec. 27, 1993>

1. Boarding without boarding passes;

2. Deleted; <by Act No. 4648, Dec. 27, 1993>

3. Boarding in a section not indicated by the boarding pass;

4. Boarding in seats of a higher class than indicated in the boarding passes;

5. Boarding by adults with boarding passes for children;

6. Boarding by an ordinary person with discounted boarding passes specially for students, military personnel, policemen, or other individuals;

7. Boarding on trains with boarding passes designated for other trains;

8. Boarding with boarding passes invalidated due to expiration of the validity period, physical damages, or other causes; or

9. Refusal to present boarding passes during inspection or refusal to return boarding passes upon dismount.

(2) In cases of paragraph (1) 5 and 6 above, the passengers’ boarding passes shall be recovered and the fares shall not be refunded. <Amended by Act No. 3511, Dec. 31, 1981>

(3) In a case of paragraph (1) above, when the boarding station is uncertain, the passengers shall be deemed to have boarded at the station of origin. <Amended by Act No. 3772, Dec. 31, 1984>

Article 17(Prohibited Acts of Passengers Inside Train) #

Passengers shall not commit any of the following acts: <Amended by Act No. 4648, Dec. 27, 1993>

1. Posing, talking, or acting in a manner which disturbs or makes the people around feel unpleasant or uncomfortable;

2. Putting the head or arms outside the train;

3. Contaminating or damaging the facilities or decorations inside the train;

4. Dumping objects which could contaminate the train or objects on fire; or

5. Throwing objects out of the train which could potentially harm the railroad staff or people outside the train.

[This Article Wholly Amended by Act No. 3772, Dec. 31, 1984]

Article 18(Prohibition and Restriction of Objects to be Carried into Train) #

Explosives, dangerous objects, objects which could occupy the seats or aisle, and animals or objects which could disturb other passengers due to their odor or unsanitary nature may not be carried on board the train. <Amended by Act No. 3772, Dec. 31, 1984>

Article 19(Assortment of Cargo) #

Cargo shall be divided into large cargo, small cargo, personal luggage, and explosives.

[This Article Wholly Amended by Act No. 4648, Dec. 27, 1993]

Article 20(Obligation to Transport) #

Railroads managers may not refuse to transport in the following cases: Provided, That in a case of need for special facilities, the railroads managers are obligated to transport only to the extent of the availability of such facilities: <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

1. When the consignor does not require special obligations with regard to the transportation of cargo;

2. When the cargo could be loaded into the train on the same day;

3. When the consignor does not violate Acts and subordinate statutes or other provisions on railroads transportation; and

4. When there is no obstacle to transportation due to natural disasters, accidents, and other unavoidable circumstances

Article 21(Order to Transport) #

Railroads managers shall transport cargo in the order of reception: Provided, That these provisions shall not apply in a case of the existence of due causes or need for public welfare. <Amended by Act No. 3511, Dec. 31, 1981>

Article 22(Expressly Stating and Inspecting Kind and Nature of Cargo) #

(1) Railroads managers may request a consignor to expressly state the kind and nature of cargo. They may inspect the cargo in the presence of the consignor in case of doubts as to its kind and nature.

(2) Railroads managers shall pay for inspection cost when there is no discrepancy between the result of the inspection of paragraph (1) above and the expressed statement of the consignor, and in a case of damages on the part of the consignor due to such inspection, the railroads managers shall also make appropriate compensation. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

Article 23 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 24(Delayed Arrival of Cargo) #

(1) In a case of delivery after the expiration of the delivery period, it shall be deemed as a delayed arrival.

(2) The delivery period shall be prescribed by the Presidential Decree. <Amended by Act No. 2528, Feb. 16, 1973>

Article 25(Ownership of Cargo not Capable of being Delivered) #

(1) When both the consignor and the consignee of the cargo are unknown, it shall be publically notified as prescribed by the Presidential Decree. <Amended by Act No. 3772, Dec. 31, 1984>

(2) When the holder of right on the cargo is still unknown until 6 months after the public notice under paragraph (1) above, the railroads managers shall acquire the ownership thereof. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

(3) The provisions of paragraphs (1) and (2) above shall apply to temporary articles in deposit. <Amended by Act No. 3511, Dec. 31, 1981>

Article 26(Deposit of Cargo in Warehouse) #

(1) When the railroads managers may not deliver the cargo without any fault, they may deposit the cargo to a warehouseman at the expense of the owner of cargo. <Amended by Act No. 3772, Dec. 31, 1984>

(2) In a case of deposit of cargo, railroads managers shall, without delay, notify the consignor and the consignee. <Amended by Act No. 3772, Dec. 31, 1984>

(3) In a case of deposit of cargo, when the warehouseman issues a bill of warehousing, the delivery of such a document may substitute for the delivery of cargo.

(4) Railroads managers may retain the bill of warehousing until the payment of the expenses of paragraph(1) above.

(5) The provisions of paragraphs (1) through (4) above shall apply mutatis mutandis to cases where no reception is made during the reception period. <Amended by Act No. 3511, Dec. 31, 1981>

Article 27(Rescission of Transportation Contract) #

In a case of the inability to transport or continue to transport cargo due to natural disasters, accidents, or other unavoidable circumstances, the consignor may rescind the transportation contract. In such case, the railroads managers may ask for fares for the distance already transported. <Amended by Act No. 3772, Dec. 31, 1984>

Article 28(Applicable Mutatis Mutandis Rules in Case of Joint Transport) #

The provisions of Articles 7, 20 through 22, 24 through 27, 29, and 30 herein shall apply mutatis mutandis to a case of joint transportation with vessel, automobiles, or other transportation methods by the railroads managers. <Amended by Act No. 4648, Dec. 27, 1993>

Article 29(Delivery of Way bill and Carriage Note in Case of Joint Transport) #

Railroads managers shall issue a way bill or carriage note for the entire transportation upon request by the consignor in a case of joint transportation between railroads and vessel or other transportation methods. <Amended by Act No. 3772, Dec. 31, 1984>

Article 30(Extinctive Prescription for Fares) #

Claims for fares shall be valid for 1 year and shall terminate thereafter due to extinctive prescription.

Article 31(Procedures for Consignment) #

Any person who wishes to consign large cargo shall enclose a way bill therewith and take the necessary steps as predetermined. <Amended by Act No. 1381, Jul. 31, 1963>

Article 32(Delivery of Copies of Carriage Note) #

(1) When railroads managers accept the transportation of cargo, they shall indicate the reception number on the way bill. <Amended by Act No. 1381, Jul. 31, 1963>

(2) In a case of the request by the consignor during the period of 1 year from the date of acceptance of cargo, copies of a way bill shall be issued. <Amended by Act No. 1381, Jul. 31, 1963; Act No. 3772, Dec. 31, 1984>

(3) In a case of paragraph (2) above, railroads managers may, with permission of the Minister of Construction and Transportation, request for remunerations according to the publicly notified schedules. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 5454, Dec. 13, 1997>

Article 33(Issuance of Transportation Notice) #

(1) Railroads managers shall issue the transport notice for the accepted cargo to the consignor which is to be sent to the consignee. <Amended by Act No. 3772, Dec. 31, 1984>

(2) When the consignee is not able to prove his rights, he may request delivery of cargo after providing a letter of guarantee meeting the requirements prescribed by the Presidential Decree or a suitable security. <Amended by Act No. 3772, Dec. 31, 1984>

(3) In case of delivery of cargo against a letter of guarantee, railroads managers may, with permission of the Minister of Construction and Transportation, request remunerations according to the publicly notified schedules. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 5454, Dec. 13, 1997>

Article 34(Issuance of Bill of Consignment) #

(1) Railroads managers shall issue bill of consignment to consignor upon request. <Amended by Act No. 3772, Dec. 31, 1984>

(2) In the case of paragraph (1), railroads managers may request remunerations according to the public notified schedules. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 35(Delivery of Cargo in Case of Loss of Bill of Consignment) #

In a case of issuance of a bill of consignment, if the bill of consignment is not available for an exchange with the delivery of cargo due to the loss of such bill, etc., railroads managers are obligated to deliver the cargo only to the extent that the person requesting for delivery proves his rights or provides a suitable security.

Article 36 #

Deleted.<by Act No. 5903, Feb. 8, 1999>

Article 37(Payment of Fares) #

(1) The consignor shall pay the fares and other fees related to the transportation upon consignment of the cargo: Provided, That in a case of public notification to a different effect by railroads managers, this provision shall not apply. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3772, Dec. 31, 1984>

(2) In a case of fares or fees which have not been finalized, railroads managers may request the estimated amounts.

Article 38(Imposition of Additional Fares) #

When the fares calculated based on the kind, weight, volume, or number of the cargo indicated on the way bill do not cover the actual fares, railroads managers may impose an additional fare of less than 5 times the discrepancies. <Amended by Act No. 1381, Jul. 31, 1963; Act No. 2528, Feb. 16, l973>

Article 39 #

Deleted.<by Act No. 5903, Feb. 8, 1999>

Article 40(Cost of Loading or Unloading Cargo) #

(1) The owner of cargo shall pay for the cost of loading or unloading cargo which requires not less than a wagon for transportation thereof. <Amended by Act No. 4648, Dec. 27, 1993>

(2) In a case of loading or unloading of cargo under the provision of paragraph (1) above, railroads managers may appoint workers. <Amended by Act No. 3772, Dec. 31, 1984; Act No. 4648, Dec. 27, 1993>

(3) When an instrument of the railroads is used in the case of paragraph (1) above, railroads managers may request for appropriate fees.

Article 41(Notice of Arrival of Cargo) #

(1) When cargo reaches the destination station, the railroads managers shall, without delay, notify the consignee of the arrival of the cargo along with the time period for claim: Provided, That with regard to the cargo to be delivered directly to the consignee, this provision shall not apply. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

(2) When the notice of paragraph (1) above is not feasible without fault of the railroads managers, public notification in the station concerned may substitute for such notice. <Amended by Act No. 3511, Dec. 31, 1981>

Article 42(Notice of Loss or Damages of Cargo) #

In a case of loss or damages to cargo, railroads managers shall promptly investigate the cause and notify the result to the consignor and the consignee. <Amended by Act No. 3772, Dec. 31, 1984>

Article 43(Demand for the Disposition of Unclaimed Cargo) #

(1) In a case of refusal to claim the cargo by the consignee, uncertainty of the consignee, or failure to claim the cargo by the consignee until 15 days after arrival, railroads managers may demand the consignor and the consignee to dispose of the cargo within the period of 1 month. <Amended by Act No. 3772, Dec. 31, 1984>

(2) When the consignor and the consignee do not dispose of the cargo within the period of paragraph (1) above, the railroads managers shall sell off the cargo at market value and use the amount to complete their obligations. In a case of a shortage of the amount, the discrepancy shall be imposed and collected, and in a case of a surplus of the amount, the remainder shall be returned. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

(3) In a case of cargo which could be easily damaged or degraded, the steps in paragraph (2) above may be taken without demand for disposition. <Amended by Act No. 3511, Dec. 31, 1981>

Article 44(Request for Compensation for Breach of Contract) #

When a consignment of cargo is cancelled after completion of the preparation of the freight wagon, railroads managers may request for compensation for breach of contract.

Article 45(Suspension of Transport or Delivery of Cargo, Return of Cargo, Changes of Destination Station) #

(1) Railroads managers may suspend the transportation or delivery of cargo, return the cargo or change, the destination station or the consignee upon request by the consignor or the bill of consignment holder as long as the handling of cargo is unaffected. <Amended by Act No. 3772, Dec. 31, 1984>

(2) In a case of changes under the provisions of paragraph (1) above, the railroads managers may request remuneration or other expenses in accordance with the publicly notified schedules which are permitted by the Minister of Construction and Transportation: Provided, That this provision shall not apply when the request of the owner of the cargo under paragraph (1) above is due to the fault of the railroads managers. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 5454, Dec. 13, 1997>

Article 46(Fares in Cases of Suspension of Transport) #

The provisions of Article 12 (2) above shall apply mutatis mutandis to the transportation of cargo.

Article 47(Small Cargo) #

(1) Cargo within the size of volume or weight as determined by the railroads manager shall be handled as small cargo. <Amended by Act No. 1381, Jul. 31, 1963; Act No. 4648, Dec. 27, 1993>

(2) The scope and fare pursuant to paragraph (1) above shall be posted at the station. <Amended by Act No. 1381, Jul. 31, 1963; Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

(3) Small cargo shall be transported by or through a small cargo vehicle or personal luggage vehicle. <Amended by Act No. 1381, Jul. 31, 1963; Act No. 2528, Feb. 16, 1973>

Article 48(Articles Not Permitted as Small Cargo) #

The following articles may not be consigned as small cargo: Provided, That this provision shall not apply in the case of transportation by a train exclusively for small cargo: <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3772, Dec. 31, 1984>

1. Explosives or other articles which could cause harm;

2. Contaminated articles or articles with unpleasant odors; or

3. Articles with excessive volume or weight;

Article 49(Delivery of Small Cargo) #

For the delivery of small cargo, any person without a bill of consignment may not request delivery unless he successfully proves his rights or provides adequate securities.

Article 50(Request for Storage Charges) #

Railroads managers may request storage charges according to the publicly notified schedules for the cargo remaining unclaimed 24 hours after its arrival. <Amended by Act No. 2528, Act No. 2528, Feb. 16, 1973>

Article 51(Other Provisions Applicable Mutatis Mutandis concerning Small Cargo) #

The provisions of Section 2 above shall apply mutatis mutandis to the matters not provided for in this Section concerning the transportation of small cargo.

Article 52(Personal Luggage) #

Passengers may consign only articles required for travel as personal luggage. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 4648, Dec. 27, 1993>

Article 53(Transportation of Personal Luggage) #

Consigned personal luggage shall be transported in the same train as the passengers: Provided, That in a case of unavoidable circumstances, the personal luggage may be transported in the immediately following train. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

Article 54(Articles Not Permitted as Personal Luggage) #

The provisions of Article 48 shall apply mutatis mutandis to the consignment of personal luggage.

Article 55(Request for Storage Charges and Other Applicable Mutatis Mutandis Provisions) #

The provisions of Articles 50 and 51 shall apply mutatis mutandis to personal luggage.

Article 56(Explosives) #

The scope of explosives for the purpose of this Act shall be prescribed by the Presidential Decree. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 57(Explosives Not Permitted to Transport) #

Articles belonging to explosives with igniters and detonators, nitroglycerine and priming powders, and mercury fulminates may not be transported by railroads. <Amended by Act No. 3772, Dec. 31, 1984>

Article 58(Inspection of Transportation Permit) #

When the consignor of explosives is to obtain a transportation permit from the responsible government agency under the Acts and subordinate statutes concerning the control of firearms, swords, and explosives, the railroads staff shall inspect such a permit. <Amended by Act No. 3772, Dec. 31, 1984>

Article 59(Packing of Explosives) #

The packing of explosives shall be as prescribed by the Presidential Decree. <Amended by Act No. 2528, Feb. 16, 1973>

Article 60(Request for Guard) #

(1) When explosives to be transported occupy an entire wagon, railroads managers may request the consignor to have a guard on board the same train. <Amended by Act No. 3772, Dec. 31, 1984>

(2) The guard may not get in the same wagon of the train as the explosives.

(3) The fares for a guard shall not exceed the normal passenger fares. <Amended by Act No. 3772, Feb. 16, 1973>

Article 61(Measures to be Taken after Arrival of Explosives) #

(1) The consignee of explosives shall, without delay, place the explosives away from the station upon their arrival. <Amended by Act No. 3772, Dec. 31, 1984>

(2) When the consignee of explosives does not unload the explosives within 5 hours after their arrival, the railroads managers shall move the train containing explosives onto an isolated rail and take measures to prevent potential dangers. <Amended by Act No. 3772, Dec. 31, 1984>

(3) In the cases of paragraphs (1) and (2), the police shall be informed of the events. <Amended by Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

Article 62(Other Applicable Mutatis Mutandis Provisions) #

(1) For the transportation of explosive substances other than explosives, the provisions of this Section shall apply mutatis mutandis. <Amended by Act No. 3772, Dec. 31, 1984>

(2) For the transportation of explosive substances other than explosives, the provisions of Section 2 above shall apply mutatis mutandis to the matters not provided for in this Section. <Amended by Act No. 3772, Dec. 31, 1984>

Article 63 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 64 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 65 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 66 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 67 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 68 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 69 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 70 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 71 #

Deleted.<by Act No. 4648, Dec. 27, 1993>

Article 72(Compensation Liabilities Arising Due to Loss, Damage or Delayed Arrival of Cargo) #

(1) The provisions of Article 135 of the Commercial Act shall apply to the compensation liabilities of the railroads managers arising due to the loss, damage or delayed arrival of the cargo.

(2) The procedures of the compensation for damages under the provisions of paragraph (1) above shall be prescribed by the Presidential Decree.

[This Article Wholly Amended by Act No. 4648, Dec. 27, 1993]

Article 73 #

Deleted.<Amended by Act No. Dec. 27, 1993>

Article 74 #

Deleted.<Amended by Act No. Dec. 27, 1993>

Article 75(Compensation for Damages Due to Inability to Deliver Cargo) #

(1) When the railroads managers are not able to deliver cargo 1 month after the expiration of the delivery period, they shall compensate for any loss upon the claims for compensation by the owner of the cargo: Provided, That this provision shall not apply if the railroads managers bear no responsibility for the inability to deliver the cargo. <Amended by Act No. 3511, Dec. 31, 1981>

(2) When any person who is entitled to receive compensation under the provisions of paragraph (1) above and claims for compensation makes a reservation concerning the reception of the cargo, he may receive the cargo subsequent to returning the amount of compensation within 1 month from the reception of the notice of arrival of the cargo. <Amended by Act No. 3511, Dec. 31, 1981>

Article 76(Restriction of Construction and Excavation in Vicinity of Railroad) #

(1) Any person who wishes to conduct any acts listed in the following subparagraphs within 30 meters from the border of the railroad (meaning the end line of the rail far outside) shall report to the Minister of Construction and Transportation as prescribed by the Presidential Decree: <Amended by Act No. 4648, Dec. 27, 1993; Act No. 5454, Dec. 13, 1997>

1. Construction of facilities crossing up and down the rails of the railroads;

2. Establishment, extension, and improvement of buildings and machinery;

3. Collection of rocks and soil, change of land, or planting of trees;

4. Establishment of facilities which negatively affect the scenery around the railroads; or

5. Other acts which are recognized as endangering the safe operation of trains by the Minister of Construction and Transportation.

(2) The Minister of Construction and Transportation, upon receiving a report under the provisions of paragraph (1) above, may order the person who made the report to suspend or restrict such acts or to take the necessary measures as prescribed by the Presidential Decree for the safe operation of trains and the protection of railroads. <Amended by Act No. 4648, Dec. 27, 1993; Act No. 5454, Dec. 13, 1997>

(3) In cases of damages due to the suspension or restriction under the provisions of paragraph (2) above, the Government shall compensate for the damages due to such suspension or restriction as prescribed by the Presidential Decree. <Amended by Act No. 1471, Dec. 5, 1963; Act No. 2528, Feb. 16, 1973; Act No. 4648, Dec. 27, 1993>

Article 77 #

Deleted.<by Act No. 5903, Feb. 8, 1999>

Article 78(Prohibition of Passage in Railroads Areas) #

No one is allowed to pass through or access to the rails (crossing roads are excluded) or the railroad areas as prescribed by the Presidential Decree without permission of the railroad staff.

[This Article Wholly Amended by Act No. 1381, Jul. 31, 1963]

Article 79(Eviction of Public or Passengers) #

(1) The railroad staff may evict or unload the public, passengers, livestock or dangerous objects out of the train or into the areas prescribed by the Presidential Decree in case of the following subparagraphs: <Amended by Act No. 1381, Jul. 31, 1963; Act No. 3772, Dec. 31, 1984>

1. Any person who does not carry a valid boarding pass or who refuses inspection of the boarding pass or refuses to pay for the fares or additional fares;

2. Any person who commits the crimes of Articles 82, 84, 86, or 88 through 90 below; and

3. Any person who does not obey the orders of the railroad staff subsequent to the commission of the crime of subparagraph 3 of Article 87 below.

(2) In a case of paragraph (1) above, the fares which are already paid shall not be returned. <Amended by Act No. 3511, Dec. 31, 1981>

Article 80(Punishment concerning Signals, etc.) #

Any person who commits any of the following acts shall be punished by imprisonment for not more than 10 years: <Amended by Act No. 3772, Dec. 31, 1984; Act No. 4648, Dec. 27, 1993>

1. Any person who alters, damages, or removes railroad switches or signals;

2. Any person who alters, damages, or removes the signs located in the trains, stations, or railroads areas or turns off the lights or renders them useless;

3. Any person who damages or removes parts of the train;

4. Any person who arbitrarily uses the alarm system for trains; or

5. Any person who damages railroads facilities or power facilities or renders them non-functional.

Article 81(Punishment concerning Interference with Performance of Duties) #

Any person who interferes with the performance of duties of the railroad staff through the use of violence, or threats shall be punished by imprisonment for not more than 7 years.

Article 82(Punishment concerning Boarding of Patients with Infectious Diseases) #

Any passengers who have patients with infectious diseases on board the train in violation of the Acts and subordinate statutes concerning railroads transportation shall be punished by a fine not exceeding 500 thousand won, penal detention, or minor fines. Patients with infectious diseases who get on board the train by concealing such diseases shall be subject to the identical punishment. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

Article 83(Punishment concerning Owners of Cargo who Committed Transgressions) #

Any person who makes a misrepresentation with regard to the kind and nature of consigned cargo shall be punished by a fine not exceeding 500 thousand won. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 84(Punishment concerning Any Person who Consigned Unlawful Dangerous Objects) #

Any person who consigns explosives or other explosive substances, or carries them on board the train in violation of the Acts and subordinate statutes concerning railroads transportation shall be punished by imprisonment for not more than 1 year or a fine not exceeding 500 thousand won. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 85(Punishment concerning Any Person who Opens Fire or Throws Rocks) #

Any person who commits any of the acts listed in the following subparagraphs shall be punished by imprisonment for not more than 1 year, a fine not exceeding 500 thousand won, penal detention, or a minor fine: <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984; Act No. 4648, Dec. 27, 1993>

1. Any person who opens fire in the train, station or railroads areas without lawful authorization; or

2. Any person who throws rocks or other dangerous objects toward the train.

Article 85-2(Punishment concerning Desertion of Articles) #

Any person who deserts articles in the rails of railroads (meaning tracks, pathways for rail repair, or other supplemental facilities located 3 meters in width on both sides from the center of the track) shall be punished by imprisonment for not more than 1 year, a fine not exceeding 500 thousand won, penal detention, or a minor fine.

[This Article Newly Inserted by Act No. 3511, Dec. 31, 1981]

Article 86(Penalties concerning Violations of Prohibition or Restriction within Protection Areas) #

Any person who fails to make a report or violates the prohibition or restriction order in violation of the provisions of Articles 76 and 78 above shall be punished by imprisonment for not more than 2 years, a fine not exceeding 10 million won, penal detention, or a minor fine. <Amended by Act No. 5903, Feb. 8, 1999>

Article 87(Punishment concerning Passengers on Board) #

Any passengers who commit any of the acts listed in the following subparagraphs shall be punished by a fine not exceeding 50 thousand won, penal detention, or a minor fine: <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 3772, Dec. 31, 1984>

1. Boarding or getting off while the train is in operation;

2. Opening side entrance doors while the train is in operation; or

3. Boarding a section of a train which is not used for passenger transportation.

Article 87-2(Punishment concerning Any Person who Boards without Boarding Pass) #

Any person who commits any of the acts set forth in Article 16 (1) above and fails to pay the appropriate fares shall be punished by penal detention or a fine.

[This Article Newly Inserted by Act No. 1381, Jul. 31, 1963]

Article 87-3(Punishment concerning Any Person who Resells Boarding Pass) #

(1) Any person who resells a boarding pass in violation of the proviso of Article 12 (1) above shall be punished by a fine not exceeding 200 thousand won, penal detention, or a minor fine. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981; Act No. 4648, Dec. 27, 1993>

(2) Any person who commits the crime of paragraph (1) above habitually or as a business shall be punished by imprisonment for not more than 1 year or a fine not exceeding 3 million won.

[This Article Wholly Amended by Act No. 1381, Jul. 31, 1963]

Article 88(Punishment for Smoking in Non-Smoking Areas) #

Any person who smokes in the station, non-smoking areas in railroads areas, or in the non-smoking areas inside the trains shall be punished by a minor fine.

[This Article Wholly Amended by Act No. 1381, Dec. 31, 1984]

Article 89(Punishment concerning Sales of Articles and Solicitation for Donation without Permission) #

Any person who asks for donations, is engaged in the sales or distribution of articles, or makes speeches or recommendations toward the passengers or the general public inside the train, station, or railroads areas without permission of the railroad staff shall be punished by imprisonment for not more than 3 months, a fine not exceeding 50 thousand won, penal detention, or a minor fine. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 90(Punishment for Non-Compliance with Official Directions) #

Any person who fails to comply with the directions of the railroad staff under the provisions of Article 8 above or who violates the provisions of Article 17 or 18 above (excluding of explosives or other dangerous objects) shall be punished by penal detention, or a minor fine. <Amended by Act No. 3772, Dec. 31, 1984; Act No. 4648, Dec. 27, 1993>

Article 91(Punishment concerning Neglect of Duties or Violation of Obligations by Railroad Staff) #

Any railroad staff who neglect, official duties or commits any acts which could harm the general public or passengers in violation of official obligations shall be punished by imprisonment for not more than 1 year or a fine not exceeding 500 thousand won. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 92(Punishment for Negligence in Blocking, Opening, and Closing Crossing Ways, and Interference with Traffic) #

Any railroad staff who neglects in blocking or opening crossing ways, or interferes with traffic by leaving vehicles or other machinery in the blocking way without due cause shall be punished by imprisonment for not more than 1 year or a fine not exceeding 500 thousand won. <Amended by Act No. 2528, Feb. 16, 1973; Act No. 3511, Dec. 31, 1981>

Article 93(Aggravation of Punishment) #

(1) Any person who hinders the operation of trains by committing the crimes of Article 80, 81, 85, or 86 above shall be subject to additional penalties of 1/2 of the original punishment.

(2) Any person who hinders the operation of trains by committing the crimes of Article 85-2 above shall be punished by imprisonment for not more than 3 years. <Newly Inserted by Act No. 3511, Dec. 31, 1981>

(3) Any person who injures individuals by committing the crimes of Article 86 above shall be punished by imprisonment for not more than 5 years or a fine not exceeding 20 million won. <Newly Inserted by Act No. 4648, Dec. 27, 1993>

Article 94(Supervision) #

(1) The Minister of Construction and Transportation shall supervise railroad management. <Amended by Act No. 5454, Dec. 13, 1997>

(2) Other necessary matters for the supervision of paragraph (1) above shall be prescribed by the Presidential Decree. <Amended by Act No. 3511, Dec. 31, 1981>

Article 95(Validity of Licenses) #

The licenses under the provisions of Article 5 above shall be invalidated in the following cases: <Amended by Act No. 2869, Dec. 31, 1975; Act No. 3511, Dec. 31, 1981; Act No. 5454, Dec. 13, 1997>

1. Carrying out the matters of the subparagraphs of Article 6 above without permission of the Minister of Construction and Transportation; or

2. Suspension of business for not less than 3 months.

Article 96(Non-Applicable Provisions to Exclusive Railroads) #

The provisions of Articles 7, 11 through 75, 83, 84, and 87 shall not apply to exclusive railroads.

Article 96-2(Fees) #

For the application for licenses or permission under the provisions of this Act, appropriate fees shall be paid in accordance with the Ordinance of the Ministry of Construction and Transportation. <Amended by Act No. 5454, Dec. 13, 1997>

[This Article Newly Inserted by Act No. 2869, Dec. 31, 1975]

Article 97(Delegation and Entrusting of Authority) #

The Minister of Construction and Transportation may delegate or entrust part of his authority under this Act to the railroads managers as prescribed by the Presidential Decree. <Amended by Act No. 5454, Dec. 13, 1997>

[This Article Wholly Amended by Act No. 4648, Dec. 27, 1993]