ENFORCEMENT DECREE OF THE ACT ON THE MAINTENANCE AND IMPROVEMENT OF ROAD NETWORKS IN AGRICULTURAL AND FISHING VILLAGES

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters delegated by the Act on the Maintenance and Improvement of Road Networks in Agricultural and Fishing Villages (hereinafter referred to as the "Act") and matters necessary for its enforcement.

Article 2(Road facilities or structures) #

"Those prescribed by Presidential Decree" in Article 2(2) of the Act means any of the following facilities or structures: <Amended on Jan. 5, 2021>

1. Facilities that are integrated with a road to fulfill its utility, such as tunnels, bridges, and ferry terminals;

2. Retaining walls, culverts (ditches underground or inside a structure), irrigation and drainage pipes, side ditches, and other similar structures.

Article 3(Road appurtenances) #

"Those prescribed by Presidential Decree" in Article 3(2)d of the Act means any of the following facilities or structures: <Amended on May 27, 2002; Sep. 19, 2017; Jan. 5, 2021>

1. Snow protection facilities or snow removal facilities on roads;

2. Facilities for preventing the outflow of earth and sand to roads, or falling rocks or collapses;

3. Facilities for the safety of road traffic;

4. Communication facilities for road management;

5. Overloaded vehicle measurement facilities for road management;

6. Utility conduits (referring to underground facilities installed to collectively accommodate underground utilities, such as supply facilities for electricity, gas, and water, communication facilities, and sewage facilities);

7. Underpasses or overpasses;

8. Soundproof facilities (including soundproof forests);

9. Traffic volume measurement facilities;

10. Pull-offs and platforms.

Article 4(Application for permission for road improvement) #

(1) Any person other than the head of a Gun (including the Mayor of a city of a combined urban and rural form, a Special Self-Governing Mayor, and a Special Self-Governing Province Governor; hereinafter the same shall apply) who intends to obtain permission for road improvement pursuant to Article 5(2) of the Act shall submit an application for permission for road improvement, stating the following matters, to the head of a Gun, accompanied by a project plan: <Amended on Dec. 31, 1994; Sep. 19, 2017>

1. Type of road and name of route;

2. Improvement section or location;

3. Name and address of the project operator (in the case of a legal entity, the name and address of the legal entity and the name and address of its representative);

4. Purpose and reason;

5. Scheduled dates for commencement and completion of improvement.

(2) The project plan referred to in paragraph (1) shall include the following:

1. Location map (topographic map at a scale of 1/50,000);

2. Project description and outline;

3. Statement of financial resources;

4. Construction specifications;

5. Construction design documents (including the basis for calculation);

6. Inventory of land and buildings to be used (including a statement of rights other than ownership).

(3) Where part of the area for implementing a road improvement project falls under the jurisdiction of another Gun (including a city of a combined urban and rural form, a Special Self-Governing City, and a Special Self-Governing Province; hereinafter the same shall apply) in granting permission for an application for road improvement under paragraph (1), the head of a Gun shall consult with the relevant head of a Gun in advance. <Amended on Dec. 31, 1994; Sep. 19, 2017>

(4) When the head of a Gun grants permission for an application for road improvement under paragraph (1), he or she shall publicly announce the details of such permission.

(5) When a person who has obtained permission for road improvement completes the construction, he or she shall prepare completion design documents and a completion cadastral map without delay and undergo a completion inspection by the head of a Gun. <Amended on Mar. 12, 1999>

Article 4-2(Support for expenses) #

(1) Where a project for improving road structures, such as straightening roads under Article 5(3) of the Act, is implemented, the expenses required for the project shall be calculated according to the following classifications:

1. Construction costs: Costs excluding compensation and design costs from the total project costs necessary for improving the structure of the relevant road;

2. Compensation costs: All expenses necessary for securing land to improve the structure of the relevant road, such as land purchase costs, compensation for buildings and trees, compensation for rights other than ownership including business rights, migration settlement expenses, and other indirect compensation;

3. Design costs: Investigation and design costs necessary for improving the structure of the relevant road.

(2) Where part of the expenses required for a project for improving road structures under paragraph (1) is subsidized by the National Treasury, the standard subsidy rate shall be governed by Article 4(1) of the Enforcement Decree of the Subsidy Management Act and Appendix 1.

[This Article Added on Sep. 19, 2017]

Article 5(Establishment of master plans for roads) #

"Matters prescribed by Presidential Decree" in Article 6(2)8 of the Act means any of the following matters:

1. Plans for installing road facilities such as tunnels and bridges;

2. Matters related to road plans following regional development projects.

[This Article Wholly Amended on Sep. 19, 2017]

Article 6(Establishment of road improvement plans) #

(1) "Matters prescribed by Presidential Decree" in Article 7(2)4 of the Act means any of the following matters: <Amended on Sep. 19, 2017>

1. Connectivity of roads;

2. Financial plans by project;

3. Development effects.

(2) Deleted. <Sep. 19, 2017>

(3) Cases where the head of a Gun may change a road improvement plan pursuant to Article 7(4) of the Act are as follows: <Amended on Mar. 12, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Where it is necessary to modify road improvement goals and basic directions;

2. Where an annual road project plan significantly differs from the road improvement goals set by the Minister of the Interior and Safety;

3. Where it is necessary to make modifications due to a project implemented under other statutes and regulations.

Article 7 #

Deleted. <Jun. 20, 2008>

Article 8(Designation of road routes) #

When the head of a Gun intends to designate a road route within another adjacent area under his or her jurisdiction pursuant to Article 9(2) of the Act, he or she shall consult with the relevant head of a Gun on the following matters:

1. Matters concerning the connection sections and connection timing of roads;

2. Matters concerning the costs and profits of roads under Article 22 of the Act;

3. Matters concerning the maintenance and management of roads;

4. Other necessary matters.

Article 9(Orders to implement works for managers of other structures) #

(1) Where the head of a Gun causes a manager of other structures to perform road works pursuant to Article 11 of the Act, he or she shall order it by attaching design documents to the written order.

(2) A manager of other structures who has received an order to implement road works shall, when the road works are completed pursuant to paragraph (1), prepare a completion design drawing without delay and undergo a completion inspection by the head of a Gun.

(3) Where the head of a Gun causes a manager of other structures to perform maintenance and management of roads pursuant to Article 11 of the Act, he or she shall order it by attaching a maintenance and management manual and a cost budget to the written order.

Article 10(Restrictions on vehicle traffic) #

(1) When the head of a Gun intends to restrict vehicle traffic pursuant to Article 17 of the Act, he or she shall install signs stating the following matters at both ends of the section where traffic is restricted and at other necessary locations:

1. Restricted area;

2. Restricted vehicles;

3. Period of restriction;

3. Reason for restriction;

5. Other necessary matters.

(2) Vehicles for which the head of a Gun may restrict traffic pursuant to Article 17 of the Act are as follows; provided, this shall not apply to vehicles operated by special methods with the permission of the head of a Gun: <Amended on Mar. 12, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017>

1. Vehicles exceeding the vehicle load under the standards for road structures and facilities prescribed by Decree of the Ministry of the Interior and Safety pursuant to Article 4(3) of the Act;

2. Vehicles recognized by the head of a Gun as having a particular hindrance to the preservation of road structures and the prevention of danger to traffic.

(3) A person who intends to obtain permission under the proviso of paragraph (2) shall submit an application stating the following matters to the head of a Gun: <Amended on Mar. 12, 1999; Jan. 5, 2021>

1. Type of road and name of route;

2. Section of operation and distance;

3. Specifications of the vehicle (referring to numerical indicators showing the performance and characteristics of a vehicle, such as its dimensions and weight);

4. Period of operation;

5. Purpose of operation;

6. Method of operation.

Article 11(Permission for occupation and use of roads) #

(1) A person who intends to obtain permission for the occupation and use of a road pursuant to Article 18(1) of the Act shall submit an application for permission stating the following matters, accompanied by design documents, to the head of a Gun:

1. Purpose of occupation and use;

2. Location and area of occupation and use;

3. Period of occupation and use;

4. Configuration of structures or facilities;

5. Method of construction facilities;

6. Method of road restoration.

(2) When the head of a Gun grants permission for an application under paragraph (1), he or she shall publicly announce the details of such permission.

(3) Deleted. <Mar. 12, 1999>

(4) Types of structures, objects, and other facilities for which permission for the occupation and use of a road may be obtained pursuant to Article 18 of the Act are as follows: <Amended on Feb. 24, 2001; May 27, 2002; Feb. 25, 2005; Jun. 21, 2016; Jul. 6, 2016>

1. Electric facilities under the Electric Utility Act, telecommunications facilities under the Framework Act on Telecommunications, antennas and their appurtenant facilities for radio management under the Radio Waves Act, and postboxes under the Postal Service Act and other similar structures;

2. Water pipes, sewage pipes, gas pipes, oil pipelines, heat supply pipes, and other similar facilities;

3. Advertising materials under the Act on the Management of Outdoor Advertisements and Promotion of Outdoor Advertisement Industry and other similar objects;

4. Railroads, tracks, and other similar facilities;

5. Underpasses, overpasses, and other similar facilities;

6. Structures and objects (including plants) and facilities, other than those prescribed in subparagraphs 1 through 5, which the head of a Gun recognizes as having no hindrance to the safety of road structures and traffic.

(5) Deleted. <Mar. 12, 1999>

(6) Deleted. <Mar. 12, 1999>

(7) When a person who occupies and uses a road completes occupation and use works, he or she shall undergo an inspection by the head of a Gun regarding the restoration of the road without delay.

Article 11-2(Exemption or reduction of occupation and use fees) #

(1) Deleted. <Jun. 20, 2008>

(2) "Public interest projects that have a significant impact on the national economy or people's livelihood and are prescribed by Presidential Decree" in subparagraph 4 of Article 19-2 of the Act means projects for installing electricity supply facilities, telecommunications facilities, oil pipelines, gas supply facilities, heat transmission facilities, or other similar facilities prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Mar. 12, 1999; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 19, 2017>

(3) The exemption or reduction of occupation and use fees under Article 19-2 of the Act shall be as follows: <Amended on Mar. 12, 1999; May 27, 2002; Feb. 29, 2008; Mar. 23, 2013; Nov. 19, 2014; Jul. 26, 2017; Sep. 19, 2017; May 28, 2024>

1. In cases falling under subparagraphs 1 and 2 of Article 19-2 of the Act, the occupation and use fees shall be fully exempted;

2. In cases falling under subparagraph 3 of Article 19-2 of the Act, the occupation and use fees shall be exempted or reduced according to the degree of disasters or other special circumstances as prescribed by Decree of the Ministry of the Interior and Safety;

3. In cases falling under subparagraph 4 of Article 19-2 of the Act, the occupation and use fees shall be reduced by 1/2;

4. In cases falling under subparagraph 5 of Article 19-2 of the Act, the occupation and use fees shall be exempted within a range of up to 10 years until the total amount of the fees reaches the value of the land contributed; provided, this shall not apply to cases where the floor area ratio is increased due to the contribution;

5. In cases falling under subparagraph 6 of Article 19-2 of the Act, the occupation and use fees shall be reduced by 1/10; provided, where the occupation and use fees are collected pursuant to Article 19(1) of the Act from May 31, 2024 to May 31, 2026, the occupation and use fees shall be reduced by 5/10;

6. In cases falling under subparagraph 7 of Article 19-2 of the Act, the occupation and use fees shall be reduced by 1/2;

7. In cases falling under subparagraph 8 of Article 19-2 of the Act, the occupation and use fees shall be fully exempted.

[This Article Added on Dec. 31, 1993]

Article 12 #

Deleted. <Sep. 3, 2008>

Article 13(Scope of costs and profits) #

(1) The scope of costs concerning roads under Article 22 of the Act shall be as follows:

1. Costs necessary for investigation and design of road works;

2. Costs necessary for road works;

3. Costs necessary for maintenance of roads;

4. Costs necessary for purchase of and compensation for land to be incorporated into roads;

5. Costs necessary for purchase, relocation, or compensation of structures and other objects on the ground necessary for roads;

6. Costs necessary for compensation for loss under Article 28 of the Act;

7. Costs necessary for vicarious execution;

8.Costs incurred in the management of roads, other than those prescribed in subparagraphs 1 through 7;

9. Costs necessary for collection of charges concerning roads;

10. Costs necessary for disposition on default concerning roads.

(2) The scope of profits generated from roads under Article 22 of the Act shall be as follows: <Amended on Feb. 25, 2005>

1. Costs collected pursuant to Article 2 of the Administrative Vicarious Execution Act;

2. Unused objects generated by road works or road works under other statutes and regulations.

Article 14(Application for adjudication) #

Any person who intends to apply for adjudication pursuant to Article 28(4) of the Act shall submit a written application for adjudication stating the following matters to a local Land Tribunal.

1. Addresses and names of the applicant for adjudication and the other party;

2. Facts of the occurrence of loss;

3. Details of the amount of compensation for loss determined by the disposition agency and the amount of loss submitted by the applicant;

4. Progress of consultation.

Article 15(Processing of personally identifiable information) #

In cases where it is inevitable to perform the following affairs, the head of a Gun may process data including resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act:

1. Affairs concerning permission for the occupation and use of roads under Article 18 of the Act;

2. Affairs concerning reports on the succession of rights and obligations under Article 18-2 of the Act;

3. Affairs concerning the collection of occupation and use fees under Article 19 of the Act;

4. Affairs concerning the collection of transition fees under Article 20 of the Act.

[This Article Added on Feb. 28, 2022]

Article 16 #

Deleted. <Jun. 20, 2008>

Article 17 #

Deleted. <Dec. 24, 2018>