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RAILROAD SERVICE ACT — 법갈피

영문법령 / RAILROAD SERVICE ACT

RAILROAD SERVICE ACT

법률타법개정시행 2026-01-02국토교통부 · 제21065호 · 공포 2025-10-01

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to help create an orderly and efficient business environment for railroad service providers in order to ensure their sound growth and improve the convenience of railroad users, thereby contributing to the development of the national economy.

[This Article Wholly Amended on May 24, 2011]

Article 2(Definitions) #

The terms used in this Act are defined as follows:

1. The term "railroad" means any railroad as defined in subparagraph 1 of Article 3 of the Framework Act on Railroad Industry Development;

2. The term "railroad facility" means any railroad facility as defined in subparagraph 2 of Article 3 of the Framework Act on Railroad Industry Development;

3. The term "rolling stock" means any rolling stock as defined in subparagraph 4 of Article 3 of the Framework Act on Railroad Industry Development;

4. The term "business railroad" means any railroad built or operated for the purpose of railroad service;

5. The term "exclusive railroad" means any railroad built or operated for serving one’s own special needs, not for meeting the needs of any third person;

6. The term "railroad service" means a business of transporting passengers and freights by using rolling stocks in response to the needs of any third persons at their cost;

7. The term "railroad train crew" means persons who provide crew services (referring to on-board services, locomotive operation and rail conductor services; hereinafter the same shall apply) and other railroad services in connection with railroad transportation;

8. The term "railroad service provider" means the Korea Railroad Corporation (hereinafter referred to as the "Railroad Corporation") established pursuant to the Korea Railroad Corporation Act or a person who has obtained a license for railroad service pursuant to Article 5;

9. The term "exclusive railroad operator" means a person who has an exclusive railroad registered pursuant to Article 34.

[This Article Wholly Amended on May 24, 2011]

Article 9(Reporting on passenger fares and charges) #

(1) Every railroad service provider shall file a report on fares (referring to direct fees for passenger transportation, but excluding fees for providing facilities or services related to passenger transportation; hereafter the same shall apply) and charges for passengers (hereinafter referred to as "passenger fares and charges") to the Minister of Land, Infrastructure and Transport. The same shall also apply when making any changes thereto. <Amended on Mar. 23, 2013; Dec. 29, 2015>

(2) When determining or changing passenger fares and charges, a railroad service provider shall take into account such factors as prime costs and fairness of the passenger fares and charges in comparison with buses and other means of transportation. In such cases, passenger fares and charges shall be determined or changed in consideration of the classification of business railroad lines under Article 4(2) and the types of rolling stocks under Article 4-2 not exceeding the ceiling thereon designated and publicly notified by the Minister of Land, Infrastructure and Transport. <Amended on Dec. 29, 2015>

(3) Where the Minister of Land, Infrastructure and Transport intends to designate the ceiling on passenger fares and charges in accordance with paragraph (2), he or she shall have a prior consultation with the Minister of Finance and Economy. <Amended on Mar. 23, 2013; Oct. 1, 2025>

(4) The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report or the report on change is accepted within three days from receipt of said report under paragraph (1). <Added on Dec. 22, 2020>

(5) A railroad service provider shall post the passenger fares and charges for which a report or a report on change has been filed under paragraph (1) in places easily visible to the general public, such as on the website, at relevant railroad stations, places of business, etc. one week before such fares and charges are applied. <Amended on Dec. 29, 2015; Dec. 22, 2020>

[This Article Wholly Amended on May 24, 2011]

[Title Amended on Dec. 29, 2015]

Article 12(Change to business plan) #

(1) Where any railroad service provider intends to modify his or her business plan, he or she shall file a report thereon with the Minister of Land, Infrastructure and Transport; provided, he or she shall obtain authorization from the Minister of Land, Infrastructure and Transport where he or she intends to modify important matters prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(2) If a railroad service provider falls under any of the following, the Minister of Land, Infrastructure and Transport may impose restrictions on the modifications to a business plan under paragraph (1): <Amended on Jun. 1, 2012; Mar. 23, 2013>

1. Where the railroad service provider fails to commence transportation on the date or within the period designated by the Minister of Land, Infrastructure and Transport pursuant to Article 8;

2. Where the railroad service provider for whom one year has not yet passed since he or she was ordered to make modifications to the plan, which involve the suspension of or restrictions on running trains on any rail line, or a decrease in the number of rolling stocks, pursuant to Article 16;

3. Where the railroad service provider fails to comply with an order for improvement issued pursuant to Article 21;

4. Where the frequency or scale of a railroad accident (referring to the railroad accident as defined in subparagraph 11 of Article 2 of the Railroad Safety Act; hereinafter the same shall apply) is the same as, or above, those specified in the standards set by Presidential Decree.

(3) Procedures and standards for modifying a business plan under paragraphs (1) and (2) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport shall notify a reporting person whether the report is accepted within three days from receipt of said report under the main clause of paragraph (1). <Added on Dec. 22, 2020>

[This Article Wholly Amended on May 24, 2011]

Article 16(Revocation of licenses) #

(1) Where a railroad service provider falls under any of the following, the Minister of Land, Infrastructure and Transport may revoke his or her license or order him or her to temporarily close the whole or part of the service or to make modifications to his or her business plan including the suspension of or restrictions on running trains on any rail line, or a decrease in the number of rolling stocks for up to six months; provided, a license shall be revoked in cases falling under subparagraph 4 or 7: <Amended on Mar. 23, 2013; Dec. 29, 2015>

1. Where the railroad service provider fails to perform licensed matters without good cause;

2. Where it is inappropriate to continue to provide the service due to an uncertainty over management, a serious deterioration in assets, or other grounds;

3. Where the railroad service provider is responsible for a large number of casualties, as prescribed by Presidential Decree, in a railroad accident caused by intention or gross negligence;

4. Where the railroad service provider has obtained a license for railroad service under Article 5 by fraud or other improper means;

5. Where the railroad service provider has violated any obligation attached to a license pursuant to the latter part of Article 5(1);

6. Where the railroad service provider fails to meet the licensing standards provided for in Article 6; provided, this shall not apply where the standards are met within three months;

7. Where any executive officer of the railroad service provider falls under any ground for disqualification prescribed in the items of subparagraph 1 of Article 7; provided, this shall not apply where an executive officer of the relevant corporation who has become disqualified is replaced within three months;

8. Where the railroad service provider fails to commence transportation on the date or within the period designated by the Minister of Land, Infrastructure and Transport, in violation of Article 8;

9. Where the railroad service provider discontinues service without obtaining permission for temporary or permanent closure or filing a report thereon, as provided for in Article 15;

10. Where the railroad service provider fails to meet the obligations under Article 20(1) three times or more a year;

11. Where the railroad service provider fails to comply with an order for improvement issued pursuant to Article 21;

12. Where the railroad service provider violates the ban on name-lending provided for in Article 23.

(2) Standards and procedures for issuing the dispositions under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

(3) Where the Minister of Land, Infrastructure and Transport intends to revoke a license of railroad service pursuant to paragraph (1), he or she shall hold a hearing. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on May 24, 2011]

Article 25(Standards for maintenance, management and operation of privately financed railroads) #

(1) The Minister of Land, Infrastructure and Transport shall establish and publicly notify the standards for the maintenance, management and operation of privately financed railroads in order to ensure that a person who is granted the right to manage and operate high-speed railroads, metropolitan railroads, and general railroads defined in subparagraphs 2 through 4 of Article 2 of the Act on Railroad Construction and Railroad Facilities Management as railroads constructed through a public-private partnership project defined in subparagraph 6 of Article 2 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as "privately financed railroads") pursuant to Article 26(1) of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as "privately financed railroad operator") safely and efficiently maintain and manage the relevant private financed railroads.

(2) In order to ensure the safe and efficient maintenance and management of privately financed railroads and the convenience of users, privately financed railroad service providers shall comply with the standards publicly notified pursuant to paragraph (1).

(3) The Minister of Land, Infrastructure and Transport shall conduct an annual evaluation of the operation of privately financed railroads under his or her jurisdiction in accordance with the standards for the maintenance, management, and operation of privately financed railroads under paragraph (1).

(4) The Minister of Land, Infrastructure and Transport may order a privately financed railroad service provider to take necessary measures, such as the maintenance, management, and system improvement of privately financed railroads, based on the results of the evaluation of operation under paragraph (3).

(5) A privately financed railroad service provider shall comply with an order issued under paragraph (4) and report the results thereof to the Minister of Land, Infrastructure and Transport.

(6) The procedures and methods for the evaluation of operation under paragraph (3) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.

[This Article Added on Apr. 18, 2023]

Article 25-3(Request for modification of concession agreement following changes in circumstances) #

(1) Where any of the following grounds arises, such as a significant change in circumstances or an unlawful act by a privately financed railroad service provider, the Minister of Land, Infrastructure and Transport may request the privately financed railroad service provider to explain the grounds therefor or to formulate measures to address such grounds.

1. Where a privately financed railroad service provider changes the ratio of equity capital prescribed in a concession agreement under subparagraph 7 of Article 2 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as "concession agreement") below the standards prescribed by Presidential Decree; provided, the foregoing shall not apply where a change is made with approval from the competent authority under subparagraph 5 of that Article;

2. Where a privately financed railroad service provider borrows funds at an interest rate exceeding the standards prescribed by Presidential Decree;

3. In cases prescribed by Presidential Decree, where a significant change occurs in the facts or circumstances forming the basis of the concession agreement, such as a significant change in traffic conditions.

(2) Upon receipt of a request under paragraph (1), a privately financed railroad service provider shall vindicate the grounds therefor or formulate measures to address the grounds within 30 days from the date the Minister of Land, Infrastructure and Transport makes such request.

(3) In any of the following cases, the Minister of Land, Infrastructure and Transport may request changes to amend the concession agreement after consulting the management support center for privately financed railroads under Article 25-5.

1. Where a privately financed railroad service provider fails to provide explanations under paragraph (2) or where such explanations are insufficient;

2. Where a privately financed railroad service provider fails to formulate measures to address the request under paragraph (2);

3. Where it is deemed impracticable or impracticable to address the grounds under paragraph (1) by taking measures to address the request under paragraph (2).

(4) Where a privately financed railroad service provider fails to comply with a request under paragraph (3), the Minister of Land, Infrastructure and Transport may not pay all or part of the Government payments or subsidies and financial support under the concession agreement.

[This Article Added on Apr. 18, 2023]

Article 25-5(Designation of management support center for privately financed railroads) #

(1) The Minister of Land, Infrastructure and Transport shall designate any of the following institutions as a management support center for privately financed railroads (hereinafter referred to as "management support center"), taking into consideration their expertise in privately financed railroads, in order to efficiently supervise privately financed railroads.

1. A government-invested research institute established under the Act on the Establishment, Operation and Fostering of Government-funded Research Institutes;

2. A public institution under the Act on the Management of Public Institutions;

(2) The management support center shall perform the following affairs:

1. Advising on, and assistance with forecasting traffic demand for privately financed railroads, calculating appropriate fees or fares and operating expenses;

2. Advising and assistance with the standards for the maintenance, management, and operation of privately financed railroads, in violation of Article 25(1);

3. Advising and assistance with to the evaluation of operation under Article 25(3);

4. Advising on, and assistance with requests for modification, etc. of concession agreements under Article 25-3(3);

5. Affairs entrusted by the Minister of Land, Infrastructure and Transport pursuant to paragraph (5);

6. Other affairs prescribed by Decree of Ministerial Decree of Land, Infrastructure and Transport to support the supervision of privately financed railroads under this Act.

(3) The Minister of Land, Infrastructure and Transport may provide a management support center with subsidies to cover expenses incurred in performing its business affairs, within the budget.

(4) In either of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of a management support center; provided, such designation shall be revoked in cases falling under subparagraph 1:

1. Where the management support center receives its designation by fraud or other improper means;

2. Where the center performs its business affairs, in violation of any of designated matters.

(5) The Minister of Land, Infrastructure and Transport may entrust the management support center with the affairs prescribed by this Act and the Act on Public-Private Partnerships in Infrastructure, which are prescribed by Decree of the Ministry of Land, Infrastructure and Transport in relation to privately financed railroads.

[This Article Added on Apr. 18, 2023]

Article 44(Fees for occupation and use) #

(1) The Minister of Land, Infrastructure and Transport shall impose fees for occupation and use on persons who have obtained permission for occupation and use, as prescribed by Presidential Decree. <Amended on Dec. 31, 2018>

(2) Notwithstanding paragraph (1), where a person who obtains permission for occupation and use falls under any of the following subparagraphs, a fee for occupation and use may be reduced or waived, as prescribed by Presidential Decree: <Added on Dec. 31, 2018>

1. Where he or she obtains permission for occupation and use to set up establishments to be transferred or furnished to the State without compensation;

2. Where he or she obtains permission for occupation and use during the construction period to set up establishments under subparagraph 1 or where he or she obtains permission for occupation and use to set up temporary establishments;

3. Where he or she obtains permission for occupation and use to build public housing under the Special Act on Public Housing;

4. Where it is impossible to attain the originally intended purpose of occupation and use of the railroad due to a disaster or other unavoidable circumstance;

5. Where he or she obtains permission for occupation and use to conduct a public works project prescribed by Presidential Decree which could have substantial impact on the national economy.

(3) Where the Minister of Land, Infrastructure and Transport allows the Korea National Railway established under the Korea National Railway Act to perform some of the duties related to construction, management, etc. of railroad facilities under Article 19(2) of the Framework Act on Railroad Industry Development, he or she may entrust the duty to collect fees for occupation and use under paragraph (1) to the Korea National Railway. <Added on Apr. 23, 2019; Jun. 9, 2020>

(4) If a person who obtains permission for occupation and use fails to pay the fees for occupation and use pursuant to paragraph (1), the Minister of Land, Infrastructure and Transport shall collect such fees in the same manner as delinquent national taxes. <Amended on Mar. 23, 2013; Dec. 31, 2018; Apr. 23, 2019>

[This Article Wholly Amended on May 24, 2011]

Article 51(Administrative fines) #

(1) Any of the following persons shall be punished by an administrative fine not exceeding 10 million won: <Amended on May 24, 2011; Aug. 11, 2015; Dec. 29, 2015>

1. A person who fails to file a report on passenger fares and charges under Article 9(1);

2. A person who fails to file a report on the contractual terms and conditions of railroad service under Article 11(1), or a person who fails to fulfill the contractual terms and conditions of railroad service reported on;

3. A person who modifies his or her business plan without obtaining authorization therefor or filing a report thereon under Article 12;

4. A person who, on a regular basis or for profits, sells or helps to sell tickets or any certificates corresponding thereto, such as discount coupons or convertible tickets, at prices higher than the prices he or she has paid, in violation of Article 10-2.

(2) Any of the following persons shall be subject to an administrative fine not exceeding five million won: <Amended on May 24, 2011; Dec. 29, 2015>

1. Any railroad service provider who fails to affix signs to business rolling stocks under Article 18;

2. Deleted; <Jun. 12, 2018>

3. A person who fails to keep the accounting for his or her railroad service separate from that for other business, in violation of Article 32(1) or (2);

4. A person who fails to comply with an order issued under Article 47(1) or refuses, interferes with or evades an inspection conducted under Article 47(2), without good cause.

(3) Any of the following persons shall be subject to an administrative fine not exceeding one million won: <Amended on May 24, 2011>

1. A person who fails to observe the obligations under Article 20(2) through (4);

2. Deleted; <Jun. 12, 2018>

(4) Any railroad train crew member who violates Article 22 and any railroad service provider for whom he or she works shall be punished by an administrative fine of up to 500,000 won. <Amended on May 24, 2011>

(5) Administrative fines under paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. <Amended on Nov. 1, 2009; Dec. 23, 2013>

(6) Deleted. <Apr. 1, 2009>

(7) Deleted. <Apr. 1, 2009>

RAILROAD SERVICE ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to other statutes) #

Article 3-2(Relationship to treaties) #

Article 4(Public notice of business railroad lines) #

Article 4-2(Types of rolling stocks) #

Article 5(Licenses) #

Article 6(Licensing standards) #

Article 7(Grounds for disqualification) #

Article 8(Obligations to commence transportation) #

Article 9(Reporting on passenger fares and charges) #

Article 9-2(Reduction of or exemption from passenger fares and charges) #

Article 10(Collection of penalty fares) #

Article 10-2(Prohibition of illicit sale of tickets) #

Article 11(Contractual terms and conditions of railroad service) #

Article 12(Change to business plan) #

Article 13(Joint transportation agreements) #

Article 14(Transfer or acquisition of railroad service) #

Article 15(Temporary or permanent closure of service) #

Article 16(Revocation of licenses) #

Article 17(Imposition of penalty surcharges) #

Article 18(Signs affixed to rolling stocks) #

Article 19(Transportation of mail) #

Article 20(Obligations of railroad service providers) #

Article 21(Orders to improve railroad service) #

Article 22(Obligations of railroad train crew) #

Article 23(Ban on name lending) #

Article 24(Responsibility for transporting railroad freights) #

Article 25(Standards for maintenance, management and operation of privately financed railroads) #

Article 25-2(Disposition of penalty surcharge against privately financed railroad service providers) #

Article 25-3(Request for modification of concession agreement following changes in circumstances) #

Article 25-4(Support for privately financed railroad service providers) #

Article 25-5(Designation of management support center for privately financed railroads) #

Article 25-6(Reporting to National Assembly) #

Article 26(Evaluation of railroad service quality) #

Article 27(Announcement and use of evaluation results) #

Article 28(Certification of outstanding railroad services) #

Article 29(Entrustment of evaluation) #

Article 30(Requests for materials) #

Article 31(Joint use of railroad facilities) #

Article 32(Separate accounting) #

Article 33(Legal fiction as public officials in applying penalty provisions) #

Article 34(Registration) #

Article 35(Grounds for disqualification) #

Article 36(Transfer or acquisition of operation of exclusive railroads) #

Article 37(Succession of operation of exclusive railroads) #

Article 38(Temporary or permanent closure of operation of exclusive railroads) #

Article 39(Orders to improve operation of exclusive railroads) #

Article 40(Revocation and suspension of registration) #

Article 41(Provisions applicable mutatis mutandis) #

Article 42(Permission for occupation and use) #

Article 42-2(Revocation of permission for occupation and use) #

Article 43(Construction of establishments by proxy) #

Article 44(Fees for occupation and use) #

Article 44-2(Collection of indemnification) #

Article 45(Transfer of rights and obligations) #

Article 46(Duty of restoration) #

Article 46-2(Special cases concerning period of permission for use of establishments reverted to the State) #

Article 47(Reporting or inspection) #

Article 47-2(Request for provision of information) #

Article 48(Fees) #

Article 48-2(Re-examination of regulation) #

Article 49(Penalty provisions) #

Article 50(Joint penalty provisions) #

Article 51(Administrative fines) #

Article 52 #