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URBAN TRAFFIC IMPROVEMENT PROMOTION ACT — 법갈피

영문법령 / URBAN TRAFFIC IMPROVEMENT PROMOTION ACT

URBAN TRAFFIC IMPROVEMENT PROMOTION ACT

법률일부개정시행 2024-02-17국토교통부 · 제19678호 · 공포 2023-08-16

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to contribute to ensuring smooth traffic and promoting traffic convenience in urban areas by promoting the improvement of traffic facilities and by operating and managing means of transport and traffic systems efficiently and environment-friendly. <Amended on Jan. 5, 2021>

[This Article Wholly Amended on Mar. 28, 2008]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 24, 2015; Aug. 27, 2019; Mar. 23, 2021>

1. The term "means of transport" means buses, trains (including trains for urban railroads), and bicycles used to transport people or goods from one place to another, and other means of transport prescribed by Presidential Decree;

1-2. The term “means of personal transport” means a single-person mobility aid powered by electricity;

2. The term "traffic facilities" means roads, parking lots, bus terminals, cargo terminals, railroads, urban railroads, airports, harbors, transit facilities, etc. necessary to operate the means of transport;

3. The term "transit facilities" means facilities providing such multiple functions as railway stations, urban railroad stations, depots, bus terminals, cargo terminals, etc. to ensure the users of means of transport may conveniently use other means of transport;

4. The term "traffic system control" means any act performed to maximize the efficiency of traffic facilities;

5. The term "traffic impact assessment" means an act of surveying, estimating, and assessing traffic volume, change in traffic stream, and impact on traffic safety resulting from execution of the relevant projects (hereinafter referred to as "traffic impact") and of formulating measures to minimize various relevant problems;

5-2. The term "traffic impact assessment engineer" means a person who performs duties related to traffic impact assessment and has been recognized by the Minister of Land, Infrastructure and Transport pursuant to Article 32-2;

6. The term "facilities" means buildings defined in Article 2 (1) 2 of the Building Act and other structures prescribed by Presidential Decree, which include golf practice ranges, outdoor viewing facilities, etc.;

Article 5(Formulation of Master Plans for Urban Traffic Improvement) #

(1) The head of a Si (including the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, and the Governor of a Special Self-Governing Province; hereinafter the same shall apply) or the head of a Gun having jurisdiction over any administrative district designated as an urban traffic improvement district under Article 3 shall formulate a 20-year master plan for urban traffic improvement (hereinafter referred to as "master plan"), as prescribed by Presidential Decree. <Amended on May 22, 2013>

(2) A master plan shall contain the following matters. In such cases, the relationship with other urban traffic improvement districts or adjacent districts in the traffic zone shall be considered: <Amended on Jul. 24, 2015; Jan. 5, 2021>

1. The current status and outlook of urban traffic;

2. Plans by field that include the following matters:

(a) Measures for outbound and inbound traffic, and improvement of traffic systems, including roads, railways, and urban railroads, in metropolitan cities;

(b) Improvement of traffic facilities;

(d) Improvement of the traffic system control and improvement of traffic congestion;

(e) Construction and operation of parking lots;

(f) Establishment of the consolidated traffic system for pedestrians, bicycles, and mass means of transport;

(g) Establishment of an environment-friendly traffic system through the reduction, etc. of emissions of greenhouse gases defined in subparagraph 13 of Article 2 of the Sustainable Transportation Logistics Development Act;

3. Plans for investment projects and ways to secure financial resources for such projects.

(3) In formulating a master plan under paragraph (1), the head of a Si or Gun shall comply with an urban or Gun master plan formulated under Article 19 of the National Land Planning and Utilization Act (hereinafter referred to as "urban or Gun master plan") and, with respect to roads, if a road construction and management plan formulated under Article 6 of the Road Act (hereinafter referred to as "road construction and management plan") exists, he or she shall comply with such plan. <Amended on Apr. 14, 2011; Jan. 14, 2014>

(4) The head of a Si or Gun may request the head of the relevant Si or Gun in the traffic zone to furnish materials necessary to formulate a master plan. In such cases, the head of the relevant Si or Gun so requested shall submit materials, except in extenuating circumstances.

(5) When the head of a Si or Gun intends to formulate a master plan, he or she shall consult with the managing authority in charge of the relevant traffic facilities and the head of the relevant Si or Gun in the same traffic zone.

(6) Where consultations under paragraph (5) fail to reach an agreement, a person classified pursuant to the following subparagraphs may mediate the disagreement ex officio: Provided, That if consultations with respect to roads fail to reach an agreement, Article 24 of the Road Act shall apply mutatis mutandis thereto: <Amended on May 22, 2013; Jan. 14, 2014>

1. If the district subject to a master plan is located in the same Do: The competent Do Governor;

2. If the district subject to a master plan extends over at least two different administrative districts among the Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, and Dos: The Minister of Land, Infrastructure and Transport.

(7) When the Minister of Land, Infrastructure and Transport makes the mediation under paragraph (6), he or she shall consult in advance with the Minister of Interior and Safety with regard thereto. <Amended on Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

(8) When the head of a Si or Gun intends to formulate a master plan, he or she shall seek opinions from residents and relevant experts with respect to a draft master plan, subject to deliberation by the local transport committee established under Article 110 of the National Transport System Efficiency Act (hereinafter referred to as the "local transport committee") and public announcement procedures prescribed by Presidential Decree and shall reflect such opinions in formulating the master plan, if such opinions are deemed appropriate. <Amended on May 22, 2013>

[This Article Wholly Amended on Mar. 28, 2008]

Article 13(Orders to Improve Urban Traffic) #

(1) If deemed necessary to improve the urban traffic in an urban traffic improvement district, the Minister of Land, Infrastructure and Transport may order the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, or the Governor of a Special Self-Governing Province (hereinafter referred to as "Mayor/Do Governor") having jurisdiction over the relevant district to implement the following matters: <Amended on Mar. 23, 2013; May 22, 2013; Jul. 24, 2015>

1. Opening and altered operation of bus routes between at least two local governments;

2. Implementation of a joint bus operation system;

3. Improvement of working conditions for employees in the traffic industry;

4. Construction and operation of bus terminals, cargo terminals, depots, and transit facilities;

5. Implementation of a transit fare system among the means of transport;

6. Expansion or reduction of taxi business districts;

7. Expansion of traffic facilities (limited to traffic facilities under the control of the relevant Mayor/Do Governor);

8. Implementation of the statement of traffic impact assessment referred to in Article 16 (including those reflected in project plans, etc. under Article 20 (1) and (3)) (limited to where a Mayor/Do Governor implements projects or is the managing authority in charge of traffic facilities);

9. Other matters necessary for smooth traffic in urban areas.

(2) Upon receiving an order issued under paragraph (1), the Mayor/Do Governor shall formulate an implementation plan and submit such implementation plan to the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. In such cases, Article 5 (3) and (5) shall apply mutatis mutandis. <Amended on Mar. 23, 2013>

(3) When deemed necessary to improve the operation of the mass means of transport, the head of a Si or Gun may order the operator of such mass means of transport to implement matters specified in each subparagraph of paragraph (1). In such cases, if the details of such order are related to any other administrative district in a traffic zone under Article 4, the head of a Si or Gun shall consult with the Do Governor or the head of a Si or Gun who has jurisdiction over the traffic zone or the managing authority in charge of the relevant traffic facilities, as prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 28, 2008]

Article 15(Areas and Projects Requiring Traffic Impact Assessment) #

(1) A person (including the State and local governments; hereinafter referred to as "project operator") who intends to undertake any of the following projects (hereinafter referred to as "project subject to traffic impact assessment") within an urban traffic improvement district or within a traffic zone of an urban traffic improvement district shall conduct a traffic impact assessment: <Amended on Jul. 24, 2015>

1. Development of a city;

2. Creation of an industrial location and industrial complex;

3. Development of energy;

4. Development of a port;

5. Construction of a road;

6. Construction of railroads (including urban railroads);

7. Construction of an airport;

8. Development of a tourist complex;

9. Development of specific areas;

10. Installation of sports facilities;

11. Construction, extensive repair, remodeling, and alteration of usage of a building prescribed by Presidential Decree, from among buildings under the Building Act;

12. Other projects having impact on traffic and prescribed by Presidential Decree.

(2) Notwithstanding paragraph (1), a person may choose not to conduct a traffic impact assessment for any of the following projects: <Amended on Mar. 23, 2013; Jul. 24, 2015>

1. Project for an emergency measure under Article 37 of the Framework Act on the Management of Disasters and Safety;

2. Project which the Minister of National Defense deems requiring protection of military secrets or necessary for urgent execution of military operations and on which he or she consults with the Minister of Land, Infrastructure and Transport;

3. Project which the Director of the National Intelligence Service deems necessary for national security and on which he or she consults with the Minister of Land, Infrastructure and Transport.

(3) Detailed scope of projects subject to traffic impact assessment, detailed standards including subject matters of assessment and the details thereof, and other necessary matters, shall be prescribed by Presidential Decree. <Amended on Jul. 24, 2015>

(4) The Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, Dos, or the Special Self-Governing Province may set, with ordinance of the relevant City or Do, different kinds of projects subject to the plans or different scope of projects subject to the plans within the scope prescribed by Presidential Decree, if necessary to conduct a traffic impact assessment in view of characteristics, etc. of the area even where a project does not fall under projects subject to the plans or the scope of projects subject to the plans under subparagraph (1) or (3) within an urban traffic improvement district or a traffic zone of an urban traffic improvement district. <Amended on May 22, 2013; Jul. 24, 2015>

[This Article Newly Inserted on Mar. 28, 2008]

[Title Amended on Jul. 24, 2015]

[Previous Article 15 moved to Article 33 <Mar. 28, 2008>]

Article 16(Submission and Review of Statements of Traffic Impact Assessment) #

(1) Where a project operator needs to obtain approval, authorization, permission, or decision (hereinafter referred to as "approval, etc.") for a project subject to traffic impact assessment or the project plan thereof (hereinafter referred to as “project plan, etc."), he or she shall submit a document in which the findings of a traffic impact assessment are arranged in an orderly manner (hereinafter referred to as "statement of traffic impact assessment") to the head of an agency which is to grant approval, etc. (hereinafter referred to as "approving authority") by the deadline prescribed by Presidential Decree. <Amended on Jul. 24, 2015>

(2) Where a statement of traffic impact assessment fails to meet the detailed criteria under Article 15 (3), an approving authority may request the relevant project operator to supplement the statement of traffic impact assessment. <Amended on Jul. 24, 2015>

(3) If necessary for review of a statement of traffic impact assessment, an approving authority may seek opinions from relevant specialized institutions or experts and assign the head of an agency having expertise in the traffic-related field, which is prescribed by Presidential Decree, to review it on its behalf or request him or her to dispatch experts under his or her control or to provide other necessary cooperation. <Amended on Jul. 24, 2015>

(4) An approving authority shall notify the relevant project operator, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, where the approving authority finds the following matters (hereinafter referred to as "matters, etc. requiring improvement") as a result of review of a statement of traffic impact assessment: <Amended on Mar. 23, 2013; Jul. 24, 2015>

1. Matters requiring improvement in a statement of traffic impact assessment;

2. Coordination and supplementation of a project plan, etc.;

3. Other measures necessary to minimize traffic impacts resulting from implementation of the relevant project.

(5) An approving authority shall give notice under paragraph (4) within three months after receipt of a statement of traffic impact assessment. In such cases, this shall not include the time required for consultation with relevant agencies. <Amended on Jul. 24, 2015; Jun. 9, 2020>

[This Article Newly Inserted on Mar. 28, 2008]

[Title Amended on Jul. 24, 2015]

[Previous Article 16 moved to Article 34 <Mar. 28, 2008>]

Article 17(Deliberation on Statements of Traffic Impact Assessment) #

(1) When an approving authority reviews a statement of traffic impact assessment submitted under Article 16 (1), deliberation shall be conducted by the traffic impact assessment deliberation committee under its control pursuant to Article 19. <Amended on Jul. 24, 2015>

(2) Notwithstanding paragraph (1), when an approving authority reviews a statement of traffic impact assessment for a building under Article 15 (1) 11 which is subject to deliberation by a building committee under Article 4 of the Building Act (hereinafter referred to as the "building committee"), deliberation shall be conducted by a building committee, of which members who are traffic experts prescribed by Presidential Decree make up at least 1/4 of the members participating in the deliberation: Provided, That deliberation prescribed in paragraph (1) may be conducted in the following cases: <Amended on Jul. 24, 2015; Aug. 9, 2017>

1. Where in-depth deliberation on traffic is required because a large traffic demand is likely to be caused;

2. Where deliberation is deemed required first on traffic, ahead of any other field;

3. Where a building, located in an area prone to traffic congestion and likely to cause a high traffic volume, falls within the size, use, or type prescribed by Presidential Decree.

(3) If an approving authority is the head of a central administrative agency (including the heads of its affiliated agencies) or a Mayor/Do Governor, he or she shall seek opinions from the head of the competent Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply). <Newly Inserted on Jan. 14, 2014>

(4) In any of the following cases, an approving authority shall, without delay, request for deliberation on a statement of traffic impact assessment, attaching explanation of grounds for request, to the traffic impact assessment deliberation committee under the Ministry of Land, Infrastructure and Transport, if the approving authority is the head of a central administrative agency (including the heads of its affiliated agencies) or Mayor/Do Governor, or to the traffic impact assessment deliberation committee under a Mayor/Do Governor, if the approving authority is the head of a Si/Gun/Gu: <Amended on Mar. 23, 2013; Jan. 14, 2014; Jul. 24, 2015>

1. In cases of falling under the criteria prescribed by Presidential Decree, such as where a project subject to traffic impact assessment extends over the jurisdictions of at least two approving authorities, or where the extent of traffic impacts and regional scope requiring a traffic impact assessment extend outside the jurisdiction of the relevant approving authority due to implementation of a project subject to traffic impact assessment;

2. Where an approving authority requires a statement of traffic impact assessment to be deliberated on by a traffic impact assessment deliberation committee under the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor after a prior consultation with the Minister of Land, Infrastructure and Transport or the Mayor/Do Governor;

3. Where a traffic impact assessment deliberation committee fails to be formed within one month from the date of receiving a request for deliberation on a statement of traffic impact assessment or where a building committee fails to meet the requirements referred to in the main clause of paragraph (2).

[This Article Newly Inserted on Mar. 28, 2008]

[Title Amended on Jul. 24, 2015]

[Previous Article 17 moved to Article 35 <Mar. 28, 2008>]

Article 21(Alteration of Statements of Traffic Impact Assessment) #

(1) Where a project operator required to obtain approval, etc. fails to commence a project within the period prescribed by Presidential Decree after receiving notice of matters requiring improvement, etc., or where it is unreasonable to execute a project plan according to matters requiring improvement, etc. due to the grounds prescribed by Presidential Decree, he or she shall alter the details of the statement of traffic impact assessment related to the relevant matters requiring improvement, etc. and submit it to an approving authority. <Amended on Jul. 24, 2015>

(2) Articles 16, 17, and 20 shall apply mutatis mutandis to the alteration of statements of traffic impact assessment under paragraph (1): Provided, That, if a matter altered under paragraph (1) for a building that has undergone deliberation by a building committee under Article 17 (2) is a traffic-related matter prescribed by Presidential Decree, a traffic-related expert committee within the relevant building committee (limited to where a relevant expert committee is established) or a traffic impact assessment deliberation committee under Article 17 (1) or (4) may deliberate thereon. <Amended on Jan. 14, 2014; Jul. 24, 2015; Jun. 9, 2020>

(3) Where a project operator not required to obtain approval, etc. fails to commence a project within the period prescribed by Presidential Decree after confirmation of a project plan, or where it is unreasonable to execute a project plan according to the results of deliberation by a traffic impact assessment deliberation committee due to the grounds prescribed by Presidential Decree, he or she shall alter the details of the statement of traffic impact assessment related to the results of the deliberation and shall submit it for deliberation by a traffic impact assessment deliberation committee under the project operator. In such cases, Articles 18 (2) and 20 (3) shall apply mutatis mutandis. <Amended on Jul. 24, 2015>

[This Article Newly Inserted on Mar. 28, 2008]

[Title Amended on Jul. 24, 2015]

[Previous Article 21 moved to Article 39 <Mar. 28, 2008>]

Article 23(Ascertainment of Implementation of Obligatory Matters) #

(1) An approving authority shall ascertain whether a project operator required to obtain approval, etc. implements obligatory matters. <Amended on Jul. 24, 2015>

(2) For conducting ascertainment under paragraph (1), an approving authority may order a relevant project operator to submit data necessary to ascertain the implementation of obligatory matters (hereinafter referred to as "data for ascertaining the implementation of obligatory matters") or may assign its subordinate public official to enter a relevant project site to inspect and ascertain the implementation thereof. In such cases, the project operator requested to submit data shall comply with such request, except in extenuating circumstances. <Amended on Jul. 24, 2015>

(3) Where a public official inspects and ascertains the implementation under paragraph (2), he or she shall forward to the person subject to inspection the inspection plan which includes the date, purpose, details, etc. of the inspection by no later than seven days before the inspection, and, after inspection and ascertainment, shall immediately prepare a report on the findings of inspection and ascertainment, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(4) Any relevant public official conducting inspection and ascertainment under paragraph (2) shall carry a certificate indicating his or her identity and authority and shall produce it to interested persons when entering a relevant project site. <Amended on Jul. 24, 2015>

(5) Deleted. <Jul. 24, 2015>

(6) A project operator requested to submit data for ascertaining the implementation of obligatory matters under paragraph (2) may assign a traffic impact assessment contractor referred to in Article 26 (1) to prepare the data on his or her behalf. In such cases, he or she shall delegate such work to a person who is not the one who has conducted the relevant traffic impact assessment upon delegation. <Newly Inserted on Jul. 24, 2015>

[This Article Newly Inserted on Mar. 28, 2008]

[Title Amended on Jul. 24, 2015]

[Previous Article 23 moved to Article 41 <Mar. 28, 2008>]

Article 27(Matters to Be Observed by Project Operators and Traffic Impact Assessment Contractors) #

(1) When a project operator authorizes a traffic impact assessment contractor to conduct a traffic impact assessment on its behalf, such operator shall comply with the following requirements: <Amended on Mar. 23, 2013; Jul. 24, 2015; Mar. 23, 2021>

1. Where the traffic impact assessment contractor conducts a traffic impact assessment on behalf of the project operator pursuant to Articles 23 (6) and 25 (1) (hereinafter referred to as "contracted duties"), the project operator shall provide information and data on the relevant project;

2. The project operator shall pay a reasonable price in accordance with the standards for calculating costs under Article 32 so that the traffic impact assessment contractor may properly perform the contracted duties;

3. The project operator shall not request the traffic impact assessment contractor to prepare a statement of traffic impact assessment, data for ascertaining the implementation of obligatory matters, and data forming the basis for the preparation thereof (hereinafter referred to as "traffic impact assessment report, etc.") with false or inadequate details;

4. The project operator shall register the statement of traffic impact assessment and data forming the basis for the preparation of the statement in the support system for traffic impact assessment information referred to in Article 52 (2) as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport: Provided, That data that are inappropriate to disclose because the disclosure thereof is likely to cause remarkable hindrance to national security, trade secret, or business promotion, shall be retained until the end of the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without being register upon approval therefor from the approving authority;

5. The project operator shall neither provide nor receive any improper favor or other money, goods, or entertainment in connection with the contracted duties to or from the traffic impact assessment contractor.

(2) A traffic impact assessment contractor shall comply with the following requirements while performing contracted duties: <Amended on Mar. 23, 2013; Jul. 24, 2015; Mar. 23, 2021>

1. He or she shall not prepare a traffic impact assessment report, etc. with false or inadequate details;

2. He or she shall not lend his or her registration certificate or title to another;

3. He or she shall not subcontract the contracted duets: Provided, That the foregoing shall not apply to minor matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport;

4. He or she shall not prepare a statement of traffic impact assessment by reproducing any content of another statement of traffic impact assessment;

5. He or she shall neither provide nor receive any improper favor or other money, goods, or entertainment in connection with the performance of the contracted duties to or from the project operator;

6. He or she shall not assign to a person who is not a traffic impact assessment engineer (including a person in whose case his or her recognition as a traffic impact assessment engineer is suspended pursuant to Article 32-3 (1); hereafter in Article 32-2 (4), the same shall apply), the preparation of a statement of traffic impact assessment or materials for ascertaining the implementation of obligatory matters.

(3) Specific criteria for determining whether a false or inadequate preparation described in paragraphs (1) 3 and (2) 1 is made shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Newly Inserted on Mar. 23, 2021>

[This Article Newly Inserted on Mar. 28, 2008]

[Title Amended on Jul. 24, 2015]

[Previous Article 27 moved to Article 45 <Mar. 28, 2008>]

Article 29(Revoking Registration of Traffic Impact Assessment Contractors or Ordering Suspension of Business Operations) #

(1) Where a traffic impact assessment contractor falls under any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the registration thereof or may order it to suspend all or part of its business operations for a specified period not exceeding six months: Provided, That such registration shall be revoked in the case of under subparagraph 1, 2, 6, or 8: <Amended on Mar. 23, 2013; Jul. 24, 2015; Mar. 23, 2021>

1. Where the contractor has filed for registration by fraud or other improper means;

2. Where the contractor has been subject to suspension of business operations twice during the latest one year and recommits an offense constituting grounds for suspension of business operations;

3. Where the contractor fails to commence performing relevant contracted duties within two years after having filed for registration or has no record of performance in the contracted duties for at least two consecutive years;

4. Where the contractor becomes to lack the required technical capabilities of a traffic impact assessment contractor under Article 26 (1);

5. Where the contractor changes important matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport without filing for registration of such change, in violation of Article 26 (2);

6. Where the contractor becomes subject to any provisions of Article 26 (3): Provided, That the foregoing shall not apply where such contractor, which is a corporation, replaces its executive officer, who becomes subject to any of them, within three months;

7. Where the contractor violates matters to be observed referred to in Article 27 (2) 1 through 6;

8. Where the contractor enters into a new contract for performing duties on behalf of a party (hereinafter referred to as "delegation contract") during the period of business suspension, in violation of an order to suspend business operations issued under this Article.

(2) Detailed criteria for administrative measures under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

[This Article Newly Inserted on Mar. 28, 2008]

[Title Amended on Jul. 24, 2015]

[Previous Article 29 moved to Article 47 <Mar. 28, 2008>]

Article 32-3(Revocation of Recognition as Traffic Impact Assessment Engineer) #

(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the recognition as a traffic impact assessment engineer or may suspend such recognition for a period not exceeding three years: Provided, That such recognition shall be revoked, in the case of subparagraph 1, 2, or 5:

1. Where a person has been recognized as a traffic impact assessment engineer by fraud or other improper means;

2. Where a person recognized as a traffic impact assessment engineer has his or her national technical qualification revoked under Article 16 of the National Technical Qualifications Act, which meets the standards for recognition as traffic impact assessment engineers;

3. Where a person recognized as a traffic impact assessment engineer has his or her national technical qualification suspended under Article 16 of the National Technical Qualifications Act, which meets the standards for recognition as traffic impact assessment engineers;

4. Where a traffic impact assessment engineer fails to receive the education and training referred to in Article 32-4, without good cause;

5. Where a traffic impact assessment engineer lends his or her certificate of traffic impact assessment engineer to another or allows another to perform duties as a traffic impact assessment engineer in his or her name;

6. Where a traffic impact assessment engineer prepares a traffic impact assessment statement, etc. by reproducing any content of another statement of traffic impact assessment, etc.;

7. Where a traffic impact assessment engineer prepares a false traffic impact assessment statement, etc. by intention or gross negligence;

8. Where a traffic impact assessment engineer prepares a traffic impact assessment statement, etc., with inadequate details, such as omitting important data;

9. Where a traffic impact assessment engineer is requested by any other administrative agency to suspend business operations pursuant to statutes or regulations;

10. Where a traffic impact assessment engineer prepares a statement of traffic impact assessment or materials for ascertaining the implementation of obligatory matters during the period in which his or her recognition as a traffic impact assessment engineer is suspended.

(2) The Minister of Land, Infrastructure and Transport shall not re-recognize a traffic impact assessment engineer who has his or her recognition revoked under paragraph (1) within three years from the date of revocation.

(3) Where a traffic impact assessment engineer falls under any subparagraph of paragraph (1), the relevant project operator and the head of the approving authority shall notify the Minister of Land, Infrastructure and Transport of such fact.

(4) Where the Minister of Land, Infrastructure and Transport revokes or suspends the recognition of a traffic impact assessment engineer pursuant to paragraph (1), he or she shall disclose the details of such disposition.

(5) A traffic impact assessment engineer who has his or her recognition revoked or suspended under paragraph (1) shall return his or her certificate of traffic impact assessment engineer to the Minister of Land, Infrastructure and Transport, without delay; and the Minister shall take necessary measures, such as revision or deregistration of records regarding relevant qualification, work experience, etc.

(6) Detailed standards for dispositions under paragraph (1), disclosure of the details of dispositions under paragraph (4), and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

[This Article Newly Inserted on Mar. 23, 2021]

Article 32-5(Revocation of Designation of Traffic Impact Assessment Education and Training Institutions) #

(1) In any of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of a traffic impact assessment education and training institution or may order such institution to suspend its business operations for a specified period of up to six months: Provided, That such designation shall be revoked in the case of subparagraph 1 or 2:

1. Where a traffic impact assessment education and training institution has obtained its designation by fraud or other improper means;

2. Where a traffic impact assessment education and training institution has provided traffic impact assessment education and training during the period of business suspension, in violation of an order to suspend business operations;

3. Where a traffic impact assessment education and training institution issues a certificate of completion of traffic impact assessment education and training by fraud or other improper means, in violation of Article 32-4 (3);

4. Where a traffic impact assessment education and training institution ceases to meet the standards for designation referred to in Article 32-4 (4).

(2) The Ministry of Land, Infrastructure and Transport shall not redesignate a traffic impact assessment education and training institution that has its designation revoked under paragraph (1) within two years from the date of revocation.

(3) No person described in any subparagraph of Article 26 (3) shall be the founder or operator of a traffic impact assessment education and training institution, its executive officer, or its employee who directly performs the duties of traffic impact assessment education and training.

(4) Detailed standards for revocation of designation and for suspension of business operations under paragraph (1) and other necessary matters shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

[This Article Newly Inserted on Mar. 23, 2021]

Article 36(Imposition and Collection of Charges for Causing Traffic Congestion) #

(1) The head of a Si may impose and collect charges for causing traffic congestion (hereinafter referred to as "charges") each year from the owners of facilities which cause traffic congestion in any urban traffic improvement district.

(2) Facilities subject to the imposition of charges shall be within the district specified in Article 3 (1) 1, whose total floor area of each floor (including the area of the facilities which are not subject to the imposition of charges under paragraph (8)) is equal to or wider than the scale prescribed by Presidential Decree. <Amended on May 22, 2013; May 21, 2014>

(3) Persons subject to the imposition of charges shall be the owners of facilities subject to the imposition of charges under paragraph (2) (hereinafter referred to as "facilities subject to the imposition of charges") as of the base date for imposition of the charges. <Newly Inserted on Aug. 6, 2013>

(4) Where there is no person subject to the imposition of charges as of the base date for imposition of charges due to the removal, destruction, etc. of facilities subject to the imposition of charges, the last owner thereof during the imposition period shall be the person subject to the imposition of charges. <Newly Inserted on Aug. 6, 2013>

(5) Charges on persons who have joint or divided ownership of facilities subject to the imposition of charges shall be imposed in accordance with their respective shares of ownership in the facilities subject to the imposition of charges: Provided, That the criteria for the area of ownership shares of facilities subject to the imposition of charges shall be prescribed by Presidential Decree; no charges shall be imposed if it falls short of the standard area. <Newly Inserted on Aug. 6, 2013>

(6) Notwithstanding the proviso of paragraph (5), the head of a Si may reduce the criteria for the area of ownership shares of facilities the scale of which is equal to or larger than that prescribed by ordinance of the relevant local government by up to 50/100, taking into account the location, scale, characteristics, etc. of the facilities within the scope prescribed by Presidential Decree pursuant to paragraph (2). <Newly Inserted on May 21, 2014>

(7) Notwithstanding paragraph (2), the head of a Si may increase or decrease the scale of the facilities subject to the imposition of charges by up to 50/100, taking into account the location, scale, characteristics, etc. of the facilities, as prescribed by ordinance of the relevant local government. <Newly Inserted on May 22, 2013; Aug. 6, 2013; May 21, 2014>

(8) Notwithstanding paragraph (2), no charge shall be imposed on any of the following facilities: Provided, That this shall not apply where the following facilities are used for purposes, other than their intended purposes: <Amended on May 22, 2013; Aug. 6, 2013; May 21, 2014>

1. Facilities owned by foreign governments' agencies, international organizations, and foreign aid organizations in Korea;

2. Residential buildings (including residential part of multi-purpose facilities);

3. Other facilities which cause insignificant traffic congestion or on which the imposition of charges is deemed inappropriate on the inevitable grounds of public interest, or facilities prescribed by Presidential Decree which are used directly by nonprofit public organizations, such as associations of persons of distinguished services to the State that is formed under the Act on the Establishment of Associations by Persons of Distinguished Services to the State, for performing their tasks.

(9) Matters necessary for methods of and procedures for imposing and collecting charges, etc. shall be prescribed by Presidential Decree. <Newly Inserted on May 22, 2013; Aug. 6, 2013; May 21, 2014>

[This Article Wholly Amended on Mar. 28, 2008]

[Moved from Article 18 <Mar. 28, 2008>]

Article 40(Surcharges and Demand for Payment) #

(1) Where a person liable to pay charges fails to pay such charges by the payment deadline, the head of the competent Si shall, within 20 days after the expiration of the payment deadline, issue a written demand to him or her to pay the charges in arrears specifying a period for payment not exceeding 15 days. <Amended on May 22, 2013; Nov. 15, 2022>

(2) Where a person liable to pay a charge under paragraph (1) fails to pay the charge by the deadline for payment, the head of the competent Si shall collect an additional charge equivalent to 1/100 of the charge in arrears. <Newly Inserted on Nov. 15, 2022>

(3) Where a person liable to pay a charge fails to pay the charge in arrears, the head of the competent Si shall collect an amount calculated by multiplying the charge in arrears by the interest rate prescribed by Presidential Decree, taking into account the period from the day after the payment deadline to the day before the payment date and the interest rate applied by financial companies, etc. to the overdue loan, in addition to the additional charge under paragraph (2). In such cases, the total amount of additional charges shall not exceed 3/100 of the charge in arrears. <Newly Inserted on Nov. 15, 2022>

(4) Where a person that has been urged to pay charges in arrears under paragraph (1) fails to pay the charges within a specified period, the charges in question may be collected in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Aug. 6, 2013; Mar. 24, 2020; Nov. 15, 2022>

(5) Where any charges imposed and collected are found to be imposed and collected insufficiently or excessively, the head of the competent Si shall investigate such imposition and collection and additionally collect or refund the difference thereof. <Amended on Nov. 15, 2022>

(6) The Framework Act on Local Taxes shall apply mutatis mutandis to the handling of overpayments or erroneous payments under paragraph (5). <Amended on Mar. 31, 2010; Nov. 15, 2022>

[This Article Wholly Amended on Mar. 28, 2008]

[Moved from Article 22 <Mar. 28, 2008>]

Article 42(Designation of Special Traffic-Congestion Control Districts) #

(1) When deemed necessary to ensure smooth traffic and promote traffic convenience in urban areas, the head of a Si may designate a certain district of an urban traffic improvement district as a special traffic-congestion control district (hereinafter referred to as "special traffic control district") and may take steps to control the traffic demand under Article 43 with respect to facilities in a special traffic control district, which are in excess of the scale prescribed by Presidential Decree (excluding any residential facilities; hereinafter referred to as "facilities in a special traffic control district"), and vehicles entering a special traffic control district.

(2) The head of a Si may designate any facilities (excluding residential facilities) which cause serious traffic congestion on an adjacent main road and are in excess of the scale prescribed by Presidential Decree as special traffic-congestion control facilities (hereinafter referred to as "special traffic control facilities") and may take steps to control the traffic demand under Article 43.

(3) When deemed necessary, the Minister of Land, Infrastructure and Transport may order the head of the relevant Si to designate a certain district of an urban traffic improvement district or facilities therein as a special traffic control district or special traffic control facilities provided for in paragraphs (1) and (2). <Amended on Mar. 23, 2013>

(4) Upon receiving an order issued under paragraph (3), the head of the relevant Si shall survey the traffic situation in areas surrounding a district or facilities to be designated as a special traffic control district or special traffic control facilities and, where findings of such survey show that the areas surveyed fall under designation standards provided for in paragraph (5), he or she shall designate the relevant district or facilities as the special traffic control district or special traffic control facilities.

(5) Standards for designating special traffic control districts and special traffic control facilities shall be prescribed by Presidential Decree: Provided, That where deemed necessary in consideration of the conditions and traffic situation of the relevant district, the head of a Si may separately determine the standards for designating special traffic control districts and special traffic control facilities by ordinance of the relevant local government within the extent prescribed by Presidential Decree. <Amended on Jul. 24, 2015>

[This Article Wholly Amended on Mar. 28, 2008]

[Moved from Article 24 <Mar. 28, 2008>]

Article 45(Procedures for Designating Special Traffic Control Districts) #

(1) If the head of a Si intends to designate a special traffic control district or special traffic control facilities, he or she shall formulate a plan for designating such special traffic control district or a plan for designating such special traffic control facilities, including improvement of parking conditions in the district or facilities or in areas surrounding such district and such facilities (hereinafter referred to as "designation plan"), as prescribed by Presidential Decree, shall hold a public hearing to hear opinions of owners of facilities, relevant experts, etc., and thereafter shall finalize the designation plan, following deliberation by the local transport committee, and publicly notify the plan. <Amended on Mar. 23, 2013; May 22, 2013; Aug. 16, 2023>

(2) Where the head of a Si intends to formulate a designation plan pursuant to paragraph (1), he or she shall consult with the managing authority classified as follows: <Newly Inserted on Aug. 16, 2023>

1. In cases of a designation plan for a special traffic control district: The managing authority in charge of traffic facilities in the special traffic control district and the surrounding areas prescribed by Presidential Decree;

2. In cases of a designation plan for special traffic control facilities: The managing authority in charge of special management facilities (limited to facilities owned and managed by the State or a local government) and the managing authority in charge of the traffic facilities in the surrounding areas prescribed by Presidential Decree.

(3) If the Minister of Land, Infrastructure and Transport intends to order the head of a Si to designate a special traffic control district or special traffic control facilities in accordance with Article 42 (3), he or she shall undergo deliberation thereon by the Committee. <Amended on Jun. 9, 2009; Mar. 23, 2013; Aug. 16, 2023>

(4) Matters necessary for holding public hearings under paragraph (1) shall be prescribed by Presidential Decree. <Amended on Aug. 16, 2023>

[This Article Wholly Amended on Mar. 28, 2008]

[Moved from Article 27 <Mar. 28, 2008>]

Article 49(Establishment of Special Accounts for Local Urban Traffic Projects) #

(1) The Special Metropolitan City, Metropolitan Cities, the Special Self-Governing City, the Special Self-Governing Province and Sis located in urban traffic improvement districts may each establish a special account for local urban traffic projects (hereinafter referred to as "special account") in order to implement a master plan, to secure financial resources necessary to improve urban traffic and to efficiently operate and control the urban traffic. <Amended on May 22, 2013>

(2) Revenues shall accrue to the special account from the following income:

1. Traffic-congestion charges under Article 35;

2. Charges for causing traffic congestion under Article 36;

3. Administrative fines under Article 60 (1) 3;

4. The amount transferred from the general account and income accruing from urban traffic.

(3) The revenue amount in a special account shall be expended in the following projects: Provided, That regarding the revenue amount referred to in paragraph (2) 1 through 3, at least a fixed rate thereof prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport shall be expended in the implementation of the policies provided in Article 33 (1) 4 through 9: <Amended on May 19, 2011; Mar. 23, 2013; Aug. 27, 2019>

1. Projects undertaken to expand traffic facilities and improve the operation of such traffic facilities;

2. Projects undertaken to survey and research urban traffic;

3. Projects undertaken to improve services of the means of transport and the management of mass transportation companies;

4. Projects undertaken to control the traffic demand and implement measures to control the traffic demand under Articles 33 and 43;

5. Projects undertaken to upgrade road facilities and traffic safety facilities.

(4) Matters necessary for the operation and administration of special accounts shall be prescribed by municipal ordinances.

[This Article Wholly Amended on Mar. 28, 2008]

[Moved from Article 31 <Mar. 28, 2008>]

Article 58(Penalty Provisions) #

(1) Any of the following persons shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won: <Amended on Jul. 24, 2015; Mar. 23, 2021>

1. Deleted; <Jul. 24, 2015>

1-2. A person who fails to maintain, manage, or operate facilities in accordance with obligatory matters, in violation of Article 24-2 (1) or a person who modifies any facilities or method of maintaining, managing, or operating them without reporting thereon, in violation of Article 24-2 (2);

1-3. A project operator who requests a person, other than a traffic impact assessment contractor, to perform a traffic impact assessment on behalf of the project operator, in violation of Article 25 (1);

2. A person who performs contracted duties without filing for registration under Article 26 (including a person who enters into a new contract for performing contracted duties during the period of business suspension, in violation of an order to suspend operations issued under Article 29, but excluding a person described in Article 30 (1));

3. A person who has filed for registration under Article 26 by fraud or improper means;

4. A project operator who requests a traffic impact assessment contractor to prepare a false or inadequate traffic impact assessment statement, etc., in violation of Article 27 (1) 3;

5. A project operator who provides or receives any improper favor or other money, goods, or entertainment in connection with the contracted duties to or from the relevant traffic impact assessment contractor, in violation of Article 27 (1) 5;

6. A traffic impact assessment contractor who prepares a false traffic impact assessment statement, etc., in violation of Article 27 (2) 1;

7. A traffic impact assessment contractor who subcontracts the contracted duties, in violation of Article 27 (2) 3;

8. A traffic impact assessment contractor who prepares a statement of traffic impact assessment by non-consensually reproducing any content of another statement of traffic impact assessment, in violation of Article 27 (2) 4;

9. A traffic impact assessment contractor who provides or receives any improper favor or other money, goods, or entertainment in connection with the performance of the contracted duties to or from the relevant project operator, in violation of Article 27 (2) 5.

(2) Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won: <Amended on Jul. 24, 2015; Mar. 23, 2021>

1. A person who lends his or her registration certificate or title to another, in violation of Article 27 (2) 2;

2. A person who assigns to another person, other than a traffic impact assessment engineer, the preparation of a statement of traffic impact assessment or materials for ascertaining the implementation of obligatory matters, in violation of Article 27 (2) 6;

3. A person who prepares a statement of traffic impact assessment or materials for ascertaining the implementation of obligatory matters without obtaining the recognition as a traffic impact assessment engineer referred to in Article 32-2;

4. A person who obtains the recognition as a traffic impact assessment engineer referred to in Article 32-2 by fraud or other improper means;

5. A person who prepares a statement of traffic impact assessment or materials for ascertaining the implementation of obligatory matters when his or her recognition as a traffic impact assessment engineer is revoked, or during the period in which such recognition is suspended under Article 32-3 (1).

[This Article Newly Inserted on Mar. 28, 2008]

Article 60(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won: <Amended on Jul. 24, 2015; Mar. 23, 2021>

1. A person who fails to comply with a request to submit data, in violation of the latter part of Article 23 (2);

2. A project operator who has received an order to take measures under Article 24 (1), but fails to follow such order;

3. A project operator who enters into a delegation contract to perform or alter any traffic impact assessment without separating it from another contract, in violation of Article 25 (2);

4. A project operator who fails to register a statement of traffic impact assessment and materials forming the basis for the preparation of the statement in the support system for traffic impact assessment information or fails to retain them until the end of the period prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, in violation of Article 27 (1) 4;

5. A traffic impact assessment contractor who prepares a traffic impact assessment statement, etc. with inadequate details, in violation of Article 27 (2) 1;

6. A person who violates an order to take measures issued under Article 48;

7. A person who fails to comply with a request for reporting or submission of materials under Article 53-2 without good cause.

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on Jul. 24, 2015; Mar. 23, 2021>

1. A project operator who fails to keep or maintain a management ledger or fails to designate a chief manager, in violation of Article 22 (2);

2. A traffic impact assessment contractor who fails to report the performance of the contracted duties by the specified deadline, in violation of Article 51-2 (1).

(3) A person who violates restrictions on the operation of motor vehicles under Article 34 shall be punished by an administrative fine not exceeding 100,000 won.

(4) A person who fails to pay traffic-congestion charges within the deadline for payment prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport under Article 35 (5) shall be punished by an administrative fine not exceeding 50,000 won. <Newly Inserted on Jul. 24, 2015>

(5) Administrative fines referred to in paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, the head of a Si, or an approving authority, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jul. 24, 2015>

(6) Deleted. <May 22, 2013>

(7) Deleted. <May 22, 2013>

[This Article Wholly Amended on Mar. 28, 2008]

[Moved from Article 34 <Mar. 28, 2008>]

URBAN TRAFFIC IMPROVEMENT PROMOTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Designation and Public Notice of Urban Traffic Improvement Districts) #

Article 4(Designation and Public Notice of Traffic Zones) #

Article 5(Formulation of Master Plans for Urban Traffic Improvement) #

Article 6(Determination of Master Plans) #

Article 6-2(Relationship to Urban or Gun Master Plans) #

Article 7(Alteration of Master Plans) #

Article 8(Medium-Term Plans for Urban Traffic Improvement) #

Article 9(Basic Surveys) #

Article 10(Annual Implementation Plans) #

Article 11(Relationship to Other Plans) #

Article 12(Expropriation and Use) #

Article 13(Orders to Improve Urban Traffic) #

Article 14(Validity on Successor to Order) #

Article 15(Areas and Projects Requiring Traffic Impact Assessment) #

Article 16(Submission and Review of Statements of Traffic Impact Assessment) #

Article 17(Deliberation on Statements of Traffic Impact Assessment) #

Article 17-2(Filing Objections) #

Article 18(Deliberation on Statements of Traffic Impact Assessment of Project Operators Not Required to Obtain Approval) #

Article 19(Establishment of Traffic Impact Assessment Deliberation Committees) #

Article 20(Inclusion and Confirmation of Matters Requiring Improvement) #

Article 21(Alteration of Statements of Traffic Impact Assessment) #

Article 22(Implementation of Traffic Impact Assessment) #

Article 23(Ascertainment of Implementation of Obligatory Matters) #

Article 24(Orders to Take Measures for Implementation) #

Article 24-2(Follow-Up Management) #

Article 25(Execution of Traffic Impact Assessment upon Delegation) #

Article 26(Registration of Traffic Impact Assessment Contractors) #

Article 27(Matters to Be Observed by Project Operators and Traffic Impact Assessment Contractors) #

Article 28(Business Closure) #

Article 29(Revoking Registration of Traffic Impact Assessment Contractors or Ordering Suspension of Business Operations) #

Article 30(Continuation of Business of Traffic Impact Assessment Contractors Whose Registration Is Revoked or Who Is Subject to Suspension of Business) #

Article 31(Public Announcement on Administrative Measures Taken on Traffic Impact Assessment Contractors) #

Article 32(Criteria for Calculating Costs Incurred in Performing Contracted Duties) #

Article 32-2(Recognition of Traffic Impact Assessment Engineers) #

Article 32-3(Revocation of Recognition as Traffic Impact Assessment Engineer) #

Article 32-4(Education and Training on Traffic Impact Assessment) #

Article 32-5(Revocation of Designation of Traffic Impact Assessment Education and Training Institutions) #

Article 33(Implementation of Control of Traffic Demand) #

Article 34(Restrictions on Operation of Motor Vehicles) #

Article 34-2(Schedule System for Automobiles) #

Article 35(Imposition and Collection of Traffic-Congestion Charges) #

Article 35-2(Designation of Neighboring Areas Where Traffic-Congestion Charges Are Imposed) #

Article 36(Imposition and Collection of Charges for Causing Traffic Congestion) #

Article 37(Standards for Calculating Charges) #

Article 38(Reduction of Charges) #

Article 39(Payment of Charges in Installments) #

Article 40(Surcharges and Demand for Payment) #

Article 41(Limitation Period and Extinctive Prescription) #

Article 42(Designation of Special Traffic-Congestion Control Districts) #

Article 43(Details of Steps for Control of Traffic Demand) #

Article 44(Joint Control of Traffic Demand) #

Article 45(Procedures for Designating Special Traffic Control Districts) #

Article 46(Management Target) #

Article 47(Cancellation of Designation of Special Traffic Control Districts) #

Article 48(Orders to Restrict Use of Attached Parking Lots) #

Article 49(Establishment of Special Accounts for Local Urban Traffic Projects) #

Article 50(Deliberation on Master Plans) #

Article 51(Studies and Surveys on Basic Data Related to Traffic Impact Assessment) #

Article 51-2(Reporting and Management of Performance of Contracted Traffic Impact Assessment) #

Article 52(Establishment and Operation of Support System for Traffic Impact Assessment Information and Training of Experts) #

Article 53(Association Related to Traffic Impact Assessment) #

Article 53-2(Reporting and Submission of Materials) #

Article 54(Hearings) #

Article 55(Delegation and Entrustment of Authority) #

Article 56(Legal Fiction of Public Officials for Purposes of Applying Penalty Provisions) #

Article 57(Penalty Provisions) #

Article 58(Penalty Provisions) #

Article 59(Joint Penalty Provisions) #

Article 60(Administrative Fines) #