ENFORCMENT DECREE OF THE TRAMWAY TRANSPORTATION ACT

Article 1(Purpose) #

The purpose of this Decree is to prescribe matters mandated by the Tramway Transportation Act and those necessary for the enforcement thereof.

Article 2(Permission for and reporting on changes in tramway business) #

(1) Matters subject to permission for change pursuant to Article 4 (4) of the Tramway Transportation Act (hereinafter referred to as the "Act") shall be as follows:

1. Where the construction period of tramway facilities is expected to be delayed for at least 6 months compared to the original plan;

2. Where a tramway service provider intends to change the type of tramway facilities;

3. Where any of the following design details is changed:

(a) Increasing the number and capacity of trams;

(b) Alteration of the structure or type of power equipment;

(c) Decrease in power;

(d) Alteration of types or specifications of tramlines, such as wire ropes and rails;

(e) Alteration of the location, length or sloping of Lines of tramlines;

(f) Increase in driving speed;

(g) New construction or abolition of bus stops;

4. Where a tramway service provider replaces at least 1/2 of existing facilities or changes the scale of existing facilities at least 1/2 of existing facilities.

(2) Matters subject to reporting on change pursuant to Article 4 (4) of the Act shall be as follows:

1. Change of the name (in cases of a corporation, referring to its name) of a tramway service provider;

2. Change of the representative of a corporate tramway service provider;

3. Deleted; <Aug. 13, 2024>

4. Change of the trade name of a corporate tramway service provider;

5. Change of the location of the principal office of a corporate tramway service provider.

Article 2-2(Procedures for approval for tramway for mountainous remote area) #

(1) A person who intends to obtain approval for a tramway project for a mountainous remote area tramway pursuant to Article 4-2 (1) of the Act (including approval for change; hereafter the same shall apply in this Article) shall submit an application for approval prescribed by Decree of the Ministry of Land, Infrastructure and Transport to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, the head of a Si/Gun/autonomous Gu (hereinafter referred to as "head of a Si/Gun/Gu") or the Special Metropolitan City Mayor/Metropolitan City Mayor, along with the following documents, attached thereto:

1. A business plan including the following matters:

(a) Name and location of the principal office and places of business;

(b) The purpose of operating the tramway facilities;

(c) Types, methods and characteristics tramway facilities;

(d) An operation plan;

(e) Specification of required funds and methods of financing;

(f) Estimated annual transport volume and an estimated balance sheet;

(g) Where services for feasibility of the project have been provided, the outcomes of such services.

2. A document evidencing that it falls under a tramway in a mountainous remote area;

3. A report on safety review for operation of steep slopes in mountainous remote areas.

(2) The head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor in receipt of an application for approval under paragraph (1) shall submit the following documents to the Minister of Land, Infrastructure and Transport:

1. An application for approval and documents specified in the subparagraphs of paragraph (1);

2. Written opinion by the head of a Si/Gun/Gu or Special Metropolitan City Mayor or Metropolitan City Mayor;

3. In cases of tramways for which consultation shall be held with the head of a relevant Si/Gun/Gu or the relevant Special Metropolitan City Mayor/Metropolitan City Mayor pursuant to the proviso of Article 4 (1) of the Act or the proviso of paragraph (2) of that Article, the results of consultation with the head of the relevant Si/Gun/Gu or the relevant Special Metropolitan City Mayor/Metropolitan City Mayor.

(3) Upon receipt of the documents referred to in the subparagraphs of paragraph (2) from the head of a Si/Gun/Gu or Special Metropolitan City Mayor or Metropolitan City Mayor pursuant to paragraph (2), the Minister of Land, Infrastructure and Transport shall determine whether to grant approval after hearing opinions of relevant experts, etc., as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. In such cases, the Minister shall notify the head of a Si/Gun/Gu, the Special Metropolitan City Mayor or Metropolitan City Mayor, or the head of a Si/Gun/Gu or the relevant Special Metropolitan City Mayor or Metropolitan City Mayor who is required to consult pursuant to the proviso of Article 4 (1) of the Act or paragraph (2) of that Article of the results thereof.

[This Article Newly Inserted on Mar. 22, 2017]

Article 3(Reporting on operation of exclusive tramways) #

(1) “Exclusive tramways prescribed by Presidential Decree” in the proviso of Article 5 (1) of the Act means tramways (including temporary tramways) installed for transportation of cargo at mountainous slopes, etc. in the proviso of Article 5 (1) of the Act.

(2) In cases of an exclusive tramway referred to in paragraph (1), where any change falling under any subparagraph of Article 2 (1) occurs or the period of operation is extended (limited to an exclusive tramway for temporary purposes) in cases of an exclusive tramway referred to in paragraph (1), a report on such change shall be filed, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(3) Article 2 (1) shall apply mutatis mutandis to approval for change to be granted by a person who has obtained approval for an exclusive tramway pursuant to the main clause of Article 5 (1) of the Act pursuant to paragraph (2) of that Article and Article 2 (2) shall apply mutatis mutandis to reporting on change.

Article 4(Execution of completion inspection and operation of facilities) #

(1) A person who intends to undergo a completion inspection under Article 8 (1) of the Act shall file an application for the completion inspection with the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Mar. 22, 2017>

(2) The head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor shall issue a certificate of completion inspection to an applicant for completion inspection, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport, if the following matters are deemed satisfied from the findings of the completion inspection. <Amended on Mar. 23, 2013; Nov. 27, 2018>

1. The construction works shall have been completed as permitted, approved, or reported pursuant to Article 4 or 5 of the Act;

1-2. The applicant shall have properly inspected the safety, operation and management system, etc. of tramway facilities through test operation under Article 7-2 of the Act;

2. Tramway facilities for which special construction approval has been granted pursuant to Article 16 of the Act shall comply with their own safety management regulations;

3. Tramway facilities shall meet the standards for safety inspection under Article 19 (2) of the Act;

4. The applicant shall have data such as test reports on major parts provided by construction companies, tram manufacturers, etc., handling, maintenance and repair manuals, installation drawings, etc.

5. A safety management plan for tramway facilities shall be formulated.

Article 5(Standards for administrative dispositions) #

(1) The standards for administrative dispositions against tramway service providers or exclusive tramway operators under Article 12 (1) of the Act shall be as specified in Appendix 1.

(2) The standards for administrative dispositions against exclusive tramway operators under Article 12 (2) of the Act shall be as specified in Appendix 2.

Article 6(Violations subject to imposition of penalty surcharges and amount of penalty surcharges) #

(1) Kinds of acts of violation for which penalty surcharges are to be imposed under Article 13 (2) of the Act and amount of penalty surcharges shall be as specified in Appendix 3.

(2) The head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may increase or decrease the amount of a penalty surcharge under paragraph (1) by up to 1/2 by taking into consideration the scale of business or facility operations, the characteristics of the relevant area, the severity and frequency of violations, etc. In such cases, the total amount of the penalty surcharge shall not exceed 10 million won.

Article 7(Imposition and payment of penalty surcharges) #

(1) Where the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor intends to impose a penalty surcharge under Article 13 (2) of the Act, he or she shall notify a person subject to the imposition of the penalty surcharge in writing, specifying the type of the relevant violation and the amount of the relevant penalty surcharge.

(2) A person in receipt of notification under paragraph (1) shall pay the penalty surcharge to the receiving agency designated by the head of a Si/Gun/Gu or the Special Metropolitan City Mayor/Metropolitan City Mayor within 20 days from the date of receipt of such notification. <Amended on Dec. 12, 2023>

(3) Upon receiving a penalty surcharge under paragraph (2), the receiving agency shall issue a receipt to the payer.

(4) Upon receipt of a penalty surcharge under paragraph (2), a penalty surcharge collection agency shall notify the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor of such fact without delay.

(5) Deleted. <Sep. 24, 2021>

Article 8(Demand for payment of penalty surcharges) #

If a person to whom a payment notice of a penalty surcharge has been given pursuant to Article 16 (1) fails to pay the penalty surcharge by the payment deadline, the head of a Si/Gun/Gu, the Minister of Land, Infrastructure and Transport, or Special Metropolitan City Mayor/Metropolitan City Mayor shall issue a payment reminder notice within 7 days from the date immediately after the payment deadline. In such cases, the extended payment deadline shall not exceed 10 days from the issue date of the payment reminder notice.

Article 9(Objects of special construction approval) #

"Grounds prescribed by Presidential Decree, such as the characteristics of topography" in Article 16 (1) of the Act means the following cases:

1. Where the construction of tramway facilities in accordance with the equipment standards for construction of tramway facilities prescribed and publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 15 (1) of the Act (hereinafter referred to as "standards for construction and equipment ") is difficult or is likely to pose a risk to safety management due to the characteristics of topographic or surrounding structures;

2. Where it is deemed appropriate to apply relaxed standards for construction and equipment in light of the use of the relevant tramway facilities and surrounding conditions;

3. Where a safe and convenient alternative to the standards for construction and equipment is proposed by applying new technology, etc.

[This Article Wholly Amended on Jun. 21, 2016]

Article 10 #

Deleted. <Jun. 21, 2016>

Article 11(Site for tramway facilities attached to roads) #

Where tramway facilities are built on a road pursuant to subparagraph 1 of Article 18 of the Act, fees for occupancy and use of a road used as a site for tramway facilities, construction costs, implementation, etc. shall be governed by the Road Act.

Article 12(Restoration of roads to original state) #

(1) When a tramway service provider or exclusive tramway operator discontinues the use of tramway facilities constructed on a road pursuant to subparagraph 2 of Article 18 of the Act, he or she shall restore the road to its original state under the instructions of the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor.

(2) The tramway service provider or exclusive tramway operator shall determine construction works necessary for the restoration of roads to the original state under paragraph (1) in consultation with the competent road management authority.

Article 13(Implementation of safety inspections) #

(1) In any of the following cases pursuant to Article 19 (1) of the Act, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor shall notify a tramway service provider or exclusive tramway operator that he or she shall undergo an occasional inspection under subparagraph 2 of that paragraph or a thorough safety inspection under subparagraph 3 of that paragraph within a specified period; provided, where the operation of tramway facilities is suspended, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor may notify the tramway service provider or exclusive tramway operator that he or she shall undergo an occasional inspection or thorough safety inspection under subparagraph 3 of that paragraph within a specified period: <Newly Inserted on Aug. 13, 2024>

1. Where an occasional inspection is deemed necessary pursuant to Article 19 (1) 2 (e) of the Act;

2. Where an in-depth safety inspection is deemed necessary pursuant to Article 19 (1) 3 (a) and (c) of the Act.

(2) Where a tramway service provider or exclusive tramway operator intends to undergo a safety inspection under the subparagraphs of Article 19 (1) of the Act, he or she shall file an application for a safety inspection with the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Aug. 13, 2024>

(3) The period of a regular inspection under Article 19 (1) 1 of the Act and the period of a thorough safety inspection under subparagraph 3 (b) of that paragraph shall be within 30 days before and after the expiration date of the effective period of the inspection (referring to the expiration date, where the execution of a safety inspection is deferred or the effective period of the safety inspection is extended pursuant to Article 19 (3) of the Act), and where an inspection is conducted within such period, a regular inspection or thorough safety inspection shall be deemed conducted on the expiration date of the effective period of the inspection. <Amended on Aug. 13, 2024>

(4) When a regular inspection under Article 19 (1) 1 of the Act or a thorough safety inspection under subparagraph 3 of that paragraph is conducted, it shall also examine whether safety management is implemented in accordance with the safety management plan under Article 4 (2) 5. <Amended on Aug. 13, 2024>

Article 14(Extension of effective period of inspection) #

(1) Cases where it is deemed impossible to undergo a safety inspection under Article 19 (3) of the Act shall be any of the following cases:

1. In cases of a natural disaster, war, incident, or emergency situation equivalent thereto;

2. Where it is impossible to undergo an inspection within the effective period of inspection due to breakdown of tramway facilities, tramway transportation accidents, suspension, etc.

(2) Where the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor deems it impossible to undergo a safety inspection due to a ground referred to in paragraph (1) 1, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor shall postpone the safety inspection until such ground ceases to exist. In such cases, the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor shall publicly announce the grace period, area subject to safety inspection, etc. without delay.

(3) When a tramway service provider or exclusive tramway operator is unable to undergo a safety inspection within the effective period of inspection on the grounds referred to in paragraph (1) 2, a tramway service provider or exclusive tramway operator shall file an application for extension of the effective period of safety inspection with the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor before the expiration of the effective period of safety inspection, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

Article 15(Notification of inspection) #

Where the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor notifies an inspection pursuant to Article 19 (4) of the Act, he or she shall notify the relevant persons to undergo inspection to be conducted within a specified period of not less than 7 days but not more than 15 days within 10 days from the date on which 30 days elapse after the expiration of the effective period of inspection.

Article 16(Entrustment of safety inspection) #

"Specialized safety inspection institutions prescribed by Presidential Decree“ in Article 20 of the Act means the following institutions, etc. <Amended on Mar. 23, 2013; Feb. 8, 2019>

1. The Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act;

2. The Korea Railroad Research Institute or Korea Institute of Machinery and Materials incorporated pursuant to the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes;

3. A corporation or institution that has technical personnel and facilities prescribed by Decree of the Ministry of Land, Infrastructure and Transport, which is a testing and inspection institution incorporated pursuant to other statutes or regulations.

Article 17(In-house safety management) #

(1) A tramway service provider or exclusive tramway operator shall conduct the following safety inspections and facility maintenance pursuant to Article 22 (2) of the Act:

1. Daily inspection: test operation and inspection before tramway facilities are operated daily; provided, in cases of tramway facilities not operated daily due to suspension or seasonal factors, daily inspections may be conducted at least once every two weeks.

2. Regular inspection: to be conducted every 3 months.

(2) Detailed matters concerning items and procedures for ordinary and periodic Inspections under paragraph (1) shall be prescribed and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(3) A tramway service provider or exclusive tramway operator shall record the results of safety inspections and facility maintenance under paragraphs (1) and (2) and maintain and manage such results for one year, and report the results of regular inspections under paragraph (1) 2 to the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor every 6 months.

(4) Where a tramway service provider or exclusive tramway operator has entered the results of regular inspections under paragraph (1) 2 of this Article into the comprehensive information management system for tramway facilities under Article 26-2 (1) of the Act, the provider or operator shall be deemed to have filed a report under paragraph (3) with the head of a Si/Gun/Gu or Special Metropolitan City Mayor/Metropolitan City Mayor. <Newly Inserted on Aug. 13, 2024>

Article 18(Person responsible for safety management) #

(1) Pursuant to Article 22 (3) of the Act, a tramway service provider or exclusive tramway operator shall appoint a person responsible for safety management (hereinafter referred to as "person responsible for safety management") from among persons with any of the following qualifications: <Amended on Nov. 27, 2018>

1. A person who holds a qualification as a tramway traffic safety supervisor or a person who holds a qualification as a railroad traffic safety supervisor under the Traffic Safety Act;

2. A person who holds qualifications as an industrial safety industrial engineer or higher under the National Technical Qualifications Act;

3. A person who has at least ten years of work experience in the safety management of tramway business.

(2) The duties of a person responsible for safety management shall be as follows: <Newly Inserted on Nov. 27, 2018>

1. Matters concerning safety management of test driving under Article 7-2 of the Act;

2. Formulation of a safety management plan under Article 4 (2) 5;

3. Matters concerning safety examinations and facility maintenance under Article 17 (1);

4. Matters concerning the recording of the results of safety inspections and facility maintenance under Article 17 (3) and the maintenance and management of such records;

5. Matters concerning whether tramway transportation is suspended to prevent tramway accidents;

6. Other matters determined by a tramway service provider or exclusive tramway operator as necessary for preventing tramway accidents, etc.

(3) The procedures for the appointment, etc. of a person responsible for safety management shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013; Nov. 27, 2018>

Article 18-2(Establishment and operation of comprehensive information management system for tramway facilities) #

(1) The Minister of Land, Infrastructure and Transport shall endeavor to ensure that information on the comprehensive information management system for tramway facilities under Article 26-2 (1) of the Act (hereafter referred to as “comprehensive information management system for tramway facilities” in this Article) is maintained accurate and up-to-date.

(2) The Minister of Land, Infrastructure and Transport shall entrust affairs concerning the establishment and operation of the comprehensive information management system for tramway facilities to the Korea Transportation Safety Authority established under the Korea Transportation Safety Authority Act

pursuant to the former part of Article 26-2 (2) of the Act.

[This Article Newly Inserted on Aug. 13, 2024]

[Previous Article 18-2 moved to Article 18-3 <Aug. 13, 2024>]

Article 18-3(Support for construction of tramway in mountainous remote areas) #

(1) A person who intends to construct a mountainous remote area tramway with support under Article 31-2 of the Act shall submit a business plan stating the following matters to the Minister of Land, Infrastructure and Transport:

1. Purpose of business;

2. The details of the business;

3. Specification of required funds and methods of financing;

4. A report on the feasibility of the business;

5. Measures for providing transportation convenience to residents in mountainous remote areas and estimated annual transport volume.

(2) Upon receipt of a business plan under paragraph (1), the Minister of Land, Infrastructure and Transport shall determine whether to provide support after consulting with the heads of relevant central administrative agencies.

[This Article Newly Inserted on Mar. 22, 2017]

[Moved from Article 18-2; previous Article 18-3 moved to Article 18-4 <Aug. 13, 2024>]

Article 18-4(Management of personally identifiable information) #

The Special Metropolitan City Mayor, a Metropolitan City Mayor, or the head of a Si/Gun/Gu (where the relevant authority is delegated or entrusted, including a person to whom such authority is delegated or entrusted) may manage data containing resident registration numbers or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act, if it is inevitable to perform the following affairs:

1. Affairs concerning permission for tramway business under Article 4 of the Act;

2. Affairs concerning approval for, and reporting on, exclusive tramways under Article 5 of the Act;

3. Affairs concerning reporting on succession to the status of a tramway service provider under Article 9 of the Act;

4. Affairs concerning reporting on entrustment of management of tramway business or operation of exclusive tramway under Article 10 of the Act.

[This Article Added on Mar. 27, 2017]

[Moved from Article 18-3 <Aug. 13, 2024>]

Article 19(Criteria for imposition of administrative fines) #

The criteria for imposing administrative fines under Article 34 of the Act shall be as specified in Appendix 4.

[This Article Wholly Amended on Nov. 12, 2024]