RAILROAD CONSTRUCTION ACT

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RAILROAD CONSTRUCTION ACT — 법갈피

Article 4(Formulation and Change of Construction Plans for National Railroad Networks) #

(1) The Minister of Land, Infrastructure and Transport shall formulate and implement a construction plan for national railroad networks (hereinafter referred to as "railroad network plan") in the unit of 10 year so as to build efficient railroad network of the nation. <Amended on Mar. 23, 2013>

(2) Railroad network plans shall be formulated to be in harmony with all the following plans: <Amended on Jun. 9, 2009>

1. National backbone transportation network plans under Article 4 of the National Transport System Efficiency Act;

2. Mid-term investment plans in transportation facilities under Article 6 of the National Transport System Efficiency Act;

3. Master plans for metropolitan transport in metropolitan areas under Article 3 of the Special Act on the Management of Intercity Transport in Metropolitan Areas;

4. Implementation plans for metropolitan transport in metropolitan areas under Article 3-2 of the Special Act on the Management of Intercity Transport in Metropolitan Areas.

(3) Where the Minister of Land, Infrastructure and Transport intends to formulate a railroad network plan, he/she shall undergo deliberation by the Railroad Industry Committee (hereinafter referred to as the "Committee") under Article 6 of the Framework Act on the Railroad Industry Development after consulting with heads of the relevant central administrative agencies and the relevant Mayor/Do Governor: Provided, That this shall not apply where minor matters prescribed by Presidential Decree are changed. <Amended on Mar. 23, 2013>

(4) The Minister of Land, Infrastructure and Transport shall review whether railroad network plans are feasible every five years from the date such plans are formulated and shall change them, where necessary. <Amended on Mar. 23, 2013>

(5) Where the Minister of Land, Infrastructure and Transport formulates or changes railroad network plans, he/she shall publicly notify them as prescribed by Ordinance of Ministry of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>

[This Article Wholly Amended on Mar. 25, 2009]

Article 7(Formulation of Masters Plans for Railroad Construction Projects) #

(1) The Minister of Land, Infrastructure and Transport shall formulate a master plan for railroad construction (hereinafter referred to as "master plan") to conduct railroad construction projects systematically: Provided, That this shall not apply to railroad construction projects, such as small-scale railroad construction projects, etc, which are determined by Presidential Decree. <Amended on Mar. 23, 2013>

(2) Master plans shall include each of following matters:

1. Demand forecast for future railroad transportation;

2. Evaluation on economic viability and feasibility of railroad construction and other relevant matters;

3. Layout planning of schematic routes, depots, etc.;

4. Details of construction, construction duration, project operators;

5. Approximate construction costs, resource supply plans;

6. Annual construction implementation plans;

7. Matters concerning preservation and management of environment;

8. Measures against earthquakes;

9. Other matters determined by Presidential Decree.

(3) Where the Minister of Land, Infrastructure and Transport intends to formulate a master plan, he/she shall, in advance, consult on it with heads of the relevant central administrative agencies and the Special Metropolitan City Mayor, a Metropolitan City Mayor or a Do Governor (hereinafter referred to as the "Mayor/Do Governor"): Provided, That a master plan for construction of high-speed rails shall be referred to the Committee for deliberation after consultation. <Amended on Mar. 23, 2013>

(4) Where the Minister of Land, Infrastructure and Transport formulates a mater plan, he/she shall publicly notify it, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(5) Paragraphs (3) and (4) shall apply mutatis mutandis where the mater plan formulated is subject to change: Provided, That this shall not apply where minor matters prescribed by Presidential Decree are changed.

[This Article Wholly Amended on Mar. 25, 2009]

Article 9(Approval for Implementation Plans for Each Railroad Construction Project) #

(1) Any person executing a railroad construction project (hereinafter referred to as "project operator") under Article 8 shall prepare an implementation plan for the railroad construction project (hereinafter referred to as "implementation plan") which includes the scale, details of a project, a project zone, project duration and other matters determined by Presidential Decree and shall obtain approval therefor from the Minister of Land, Infrastructure and Transport. In such cases, the project operator may prepare implementation plans respectively for each section or each facility within the extent of a master plan where deemed necessary for efficient execution of railroad construction projects. <Amended on Mar. 23, 2013>

(2) Where the Minister of Land, Infrastructure and Transport intends to approve an implementation plan which includes matters specified in Article 11 (1) 15 (only applicable to where subject matters for deliberation by the Building Committee under Article 4 of the Building Act shall be included) or subparagraph 16 of the same paragraph, he/she shall undergo prior deliberation by the Committee. <Amended on Mar. 23, 2013>

(3) Where any implementation plan the Minister of Land, Infrastructure and Transport intends to approve includes matters concerning attribution, transfer and concession of public facilities under Article 15 (3), he/she shall, in advance, obtain consent from the head of a local government or the managing authority of the relevant public facilities. <Amended on Mar. 23, 2013>

(4) Where the Minister of Land, Infrastructure and Transport approves an implementation plan under paragraph (1), he/she shall publicly notify them as prescribed by Presidential Decree and forward copies of relevant documents to the head of relevant local governments. <Amended on Mar. 23, 2013>

(5) Where the Minister of Land, Infrastructure and Transport approves the implementation plan requiring expropriation or use of land, etc. under Article 12 (1), he/she shall inform a land owner and a person who holds a right to such land, etc. of such fact: Provided, That this shall not apply where a project operator has consulted with the land owner and the person who holds a right to land, etc. beforehand when the former applies for approval for the implementation plan. <Amended on Mar. 23, 2013>

(6) Where an implementation plan is publicly notified, a project operator shall make the implementation plan and relevant drawings available for the perusal of interested persons.

(7) The head of a local government who has received copies of relevant documents under paragraph (4) shall take necessary measures, such as application for approval for and public notice of topographic maps under Article 32 of the National Land Planning and Utilization Act where relevant documents include matters determined as urban, gun management planning. In such cases, the project operator shall submit documents necessary for public notice, etc. of topographic maps to the head of a local government. <Amended on Apr. 14, 2011>

(8) Where a project operator changes matters determined by Presidential Decree among the implementation plan approved under paragraph (1), he/she shall obtain approval from the Minister of Land, Infrastructure and Transport. In such cases, paragraphs (1) through (7) shall apply mutatis mutandis. <Amended on Mar. 23, 2013>

(9) Where a project operator fails to commence a project under the implementation plan within five years from the date of public notice under paragraph (4), the approval for the implementation plan becomes invalid.

[This Article Wholly Amended on Mar. 25, 2009]

Article 11(Legal Fiction of Authorization and Permission under other Acts) #

(1) Where the Minister of Land, Infrastructure and Transport approves an implementation plan under Article 9 (1), any consultation, approval, permission, authorization, consent, revocation, decision, reporting, designation, a license, deliberation, disposal, etc. (hereinafter referred to as "authorization, permission, etc.") falling under the following subparagraphs shall be deemed made or obtained. Where approval for an implementation plan is publicly notified pursuant to Article 9 (4), public notice or announcement of authorization, permission, etc. under relevant Act shall be deemed made: <Amended on Jun. 9, 2009; Jun. 9, 2009; Apr. 15, 2010; May 31, 2010; Apr. 14, 2011; Mar. 23, 2013; May 22, 2013; Jan. 14, 2014; Jan. 17, 2017; Dec. 26, 2017>

1. Deliberation by the Construction Technology Deliberative Committee under Article 5 of the Construction Technology Promotion Act;

2. Deliberation by the Building Committee under Article 4 of the Building Act, building permission under Article 11 of the same Act, building reports under Article 14 of the same Act, building permission for temporary buildings under Article 20 of the same Act, and consultation about construction of buildings for pubic use under Article 29 of the same Act;

3. Occupation or use permit of public waters under Article 8 of the Public Waters Management and Reclamation Act, authorization for or report on an implementation plan for occupation or use of public waters under Article 17 of the same Act, reclamation license of public waters under Article 28 of the same Act, consultation or authorization for reclamation executed by the State, etc. under Article 35 of the same Act, and authorization for an implementation plan for reclamation of public waters under Article 38 of the same Act;

4. Deleted; <Apr. 15, 2010>

5. Permit for access to controlled protection zones, etc. under Article 9 (1) 1 of the Protection of Military Bases and Installations Act, and consultations on permission, etc. from administrative agencies under Article 13 of the same Act;

6. Determination on urban, gun management planning (applicable to only infrastructure under subparagraph 6 of Article 2 of the same Act) under Article 30 of the National Land Planning and Utilization Act, permission for development acts under Article 56 of the same Act, designation of an implementer of urban, gun planning facility projects under Article 86 of the Act, and the preparation of and approval therefor for the implementation plan under Article 88 of the same Act;

7. Disposition of non-permission for establishing a mining right under Article 24 of the Mining Industry Act, and revocation of a mining right and disposition for reduction in mining areas under Article 34 of the same Act;

8. Permission for or consultation about conversion of farmland under Article 34 of the Farmland Act;

9. Consultation with a road management agency or approval under Article 107 of the Road Act (only applicable to matters concerning designation and public notice of routes under Article 19 of the Road Act, determination of road zones under Article 25 of the same Act, permission for implementation of road works by a person other than a management agency under Article 36 of the same Act and permission for road occupancy under Article 61 of the same Act);

10. Permission for or reporting on installation of emission facilities under Article 23 of the Clean Air Conservation Act, Article 33 of the Water Environment Conservation Act, and Article 8 of Noise and Vibration Control Act;

11. Permission to open private roads under Article 4 of the Private Road Act;

12. Permission for deforestation, etc. at erosion-controlled areas under Article 14 of the Erosion Control Work Act and revocation of designation of erosion-controlled areas under Article 20 of the same Act;

13. Approval for establishing factories (only applicable to factories installed during a construction duration as construction facilities directly required for railroad construction projects) under Article 13 of the Industrial Cluster Development and Factory Establishment Act;

14. Permission for the diversion of mountainous districts under Article 14 of the Mountainous Districts Management Act, reports on diversion of mountainous districts under Article 15 of the same Act, permission for, or reports on temporary use of mountainous districts under Article 15-2 of the same Act and permission for and reports on cutting, etc. of standing timber under Article 36 (1) and (4) of the Creation and Management of Forest Resources Act, permission for and reporting on acts in forest protection areas (excluding protection areas of forest genetic resources) under Article 9 (1) and (2) 1 or 2 of the Forest Protection Act, and revocation of designation of forest protection areas under Article 11 (1) 1 of the same Act;

15. Consent to building permission, etc. under Article 7 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act, reports on fire-fighting system installation under Article 13 (1) of the Fire-Fighting System Installation Business Act, permission for installation of manufacturing plants, etc. under Article 6 (1) of Act on the Safety Control of Hazardous Substances;

16. Authorization for general waterworks business under Article 17 (1) of the Water Supply and Waterworks Installation Act and authorization for private-use waterworks under Articles 52 and 54 of the same Act;

17. Consultation (only applicable to permission for acts in park areas under Article 23 of the same Act) by a park management authority under Article 71 (1) of the Natural Parks Act;

18. Permission for reinterment of deserted graves under Article 27 (1) of the Act on Funeral Services, etc.;

19. Approval for or reporting on plans for works for setting up electric installations for private use under Article 62 of the Electric Utility Act;

20. Permission for acts falling under the subparagraphs of Article 21-2 of the Grassland Act, including changes, etc. in the form and quality of grassland under the same Article and permission for and consultation about conversion of grassland under Article 23 of the same Act;

21. Approval for or reports on waste disposal facilities under Article 29 of the Wastes Control Act;

22. Permission for construction execution of public sewerage system under Article 16 of the Sewerage Act, permission for occupancy of public sewerage systems under Article 24 of the same Act, and reports on installation of private sewerage treatment facilities under Article 34 of the same Act;

23. Consultation or approval (only applicable to matters concerning permission for execution of river work under Article 30 of the same Act, occupancy permission of rivers under Article 33 of the same Act, and use permission of river water under Article 50 of the same Act) by a river management agency under Article 6 of the River Act, occupancy permission of rivers under Article 33 of the same Act, use permission of river water under Article 50 of the same Act, and permission for occupancy of small rivers under Article 14 of the Small River Maintenance Act;

24. Permission for land transaction contract referred to in Article 11 of the Act on Report on Real Estate Transactions, Etc.;

25. Reporting on the commencement, alteration, or completion of a project under Article 86 (1) of the Act on the Establishment, Management, etc. of Spatial Data.

(2) Where the Minister of Land, Infrastructure and Transport intends to approve an implementation plan which includes matters falling under any of the subparagraphs of paragraph (1), he/she shall consult with the head of the relevant administrative agency, in advance by preparing for relevant documents submitted by a project operator. <Amended on Mar. 23, 2013; Apr. 5, 2013>

(3) The head of the relevant administrative agency in receipt of a request for consultation under paragraph (2) shall present his/her opinion to the Minister of Land, Infrastructure and Transport within 30 days from the date he/she is requested for consultation. In such cases, if no opinion is presented within the relevant period, it shall be deemed that an agreement has been reached through consultation. <Newly Inserted on Apr. 5, 2013; May 21, 2014>

[This Article Wholly Amended on Mar. 25, 2009]

Article 15(Installation of Substitute Public Facilities, etc.) #

(1) Where public facilities, military facilities or public buildings (railroad facilities shall be excluded; hereafter referred to as "public facilities, etc." in this Article) prescribed by Presidential Decree exist in the land to be incorporated into railroad construction projects, the Minister of Land, Infrastructure and Transport may have a project operator install public facilities, etc. substituting for existing public facilities, etc. (hereafter referred to as "substitute public facilities, etc." in this Article) by receiving application by a managing authority or an owner thereof. <Amended on Mar. 23, 2013>

(2) Where the Minister of Land, Infrastructure and Transport allows a project operator to install substitute public facilities, etc. under paragraph (1), he/she shall describe such fact clearly when granting approval for an implementation plan as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>

(3) Where substitute public facilities, etc. have undergone completion confirmation under Article 16, such facilities shall be dealt with according to following classifications notwithstanding the provisions of the State Property Act and the Public Property and Commodity Management Act:

1. Existing public facilities, etc.: Gratuitously reverted to a project operator;

2. Substitute public facilities, etc.: Gratuitously reverted to the State, a local government or the owner of existing public facilities, etc.;

3. Public facilities newly installed: Gratuitously reverted or transferred to a managing authority to manage the facilities in question or gratuitously conceded to a local government to manage the facilities in question.

(4) When registering substitute public facilities, etc. under paragraph (3), documents evidencing grounds for registration under the Registration of Real Estate Act may be replaced by a written authorization for an implementation plan or a modified written authorization and a written confirmation on completion.

[This Article Wholly Amended on Mar. 25, 2009]

Article 18(Special Cases for Promotion and Quality Improvement of Railroad Construction Projects) #

(1) Where high-speed rail facilities fall under any of the following subparagraphs, Articles 49, 50 and 53 of the Building Act, Article 5 of the Act on the Safety Control of Hazardous Substances, and Article 9 (1) of the Installation, Maintenance, and Safety Control of Fire-Fighting Systems Act shall not apply to relevant high-speed rail facilities: <Amended on Mar. 23, 2013>

1. Where special technology or special equipments acknowledged by the Minister of Land, Infrastructure and Transport through deliberation by the Committee are used;

2. Where the Minister of Land, Infrastructure and Transport acknowledges, through deliberation by the Committee, that structures and shapes of high-speed rail facilities are equivalent to or higher than the standards concerning fire-fighting, disaster-prevention, fire-proofing, evacuation, etc. under the relevant Acts and subordinate statutes.

(2) For construction works for railroad facilities having diverse functions and characteristics, such as station facilities, a project operator may place orders separately for architectural, railroad, electrical, signal, and information and communication works: Provided, That, where it is difficult for a project operator to place orders separately considering the nature of works or technical management and it is prescribed by Presidential Decree, the project operator may place an order by integrating such works. <Amended on Aug. 6, 2013>

(3) A project operator may newly install, extend or relocate facilities, which are production facilities of various construction materials used for railroad construction projects and deemed directly necessary for railroad construction projects by the Minister of Land, Infrastructure and Transport, in or to a project zone included in an implementation plan designated by the Minister of Land, Infrastructure and Transport or its neighboring area notwithstanding the provisions of Article 20 of the Industrial Cluster Development and Factory Establishment Act. In such cases, production facilities of construction materials are only applicable to those installed for the purpose of construction works during a construction period. <Amended on Mar. 23, 2013; Aug. 6, 2013>

[This Article Wholly Amended on Mar. 25, 2009]

Article 26(Formulation of Action Plans for Railroad Facilities Management) #

(1) A railroad facility manager shall formulate and implement an action plan for railroad facilities management (hereinafter referred to as “action plan”) each year for railroad facilities under his/her jurisdiction in accordance with the relevant master plan for management: Provided, That a railroad facility manager of urban railroad facilities defined in subparagraph 3 of Article 2 of the Urban Railroad Act shall formulate and implement an action plan each year in accordance with the relevant master plan for management and City/Do management plan.

(2) Upon formulating an action plan, a railroad facility manager shall submit it to the head of the following relevant administrative agency:

1. The competent Mayor/Do Governor if a railroad facility manager is either a local government-invested public corporation incorporated under the Local Public Enterprises Act or a corporation that constructs or operates railroad pursuant to the Urban Railroad Act;

2. The Minister of Land, Infrastructure and Transport if a railroad facility manager is other than the persons specified in subparagraph 1.

(3) A Mayor/Do Governor in receipt of an action plan under paragraph (2) 1 shall submit it to the Minister of Land, Infrastructure and Transport.

(4) Upon receipt of an action plan under paragraph (2) or (3), the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor shall examine whether the action plan complies with the relevant master plan for management or City/Do management plan, etc. and may require the relevant railroad facility manager to modify or supplement the plan, if necessary. In such cases, a person in receipt of a request to modify or supplement the plan shall comply therewith, unless a compelling reason exists not to do so.

(5) Any other matters necessary for formulating and implementing an action plan, such as the period for formulating the action plan and details thereof, shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 13, 2018]

Article 30(Conducting Emergency Inspections) #

(1) Where a railroad facility manager deems that an accident, such as the collapse or fall of railroad facilities, is likely to occur, he/she shall conduct an emergency inspection in compliance with the standards for conducting emergency inspections referred to in paragraph (8).

(2) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor deems that the structure of railroad facilities is likely to significantly affect the safe use by the public, he/she may have a public official under his/her jurisdiction conduct an emergency inspection or require the relevant railroad facility manager to conduct an emergency inspection. In such cases, a person in receipt of such request shall comply therewith, unless a compelling reason exists not to do so.

(3) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor conducts an emergency inspection pursuant to paragraph (2), he/she may do so jointly with any relevant agencies or experts to enhance the efficiency of the inspection.

(4) A public official who conducts an emergency inspection pursuant to paragraph (2) may ask any relevant person necessary questions or inspect relevant documents, etc.

(5) A public official who conducts an emergency inspection pursuant to paragraph (2) shall carry an identification certificate indicating his/her authority and present it to the relevant person.

(6) Where the Minister of Land, Infrastructure and Transport or a Mayor/Do Governor has conducted an emergency inspection pursuant to paragraph (2), he/she shall notify the relevant railroad facility manager of the results of the inspection; and where deemed necessary to ensure the safety of railroad facilities, he/she may issue an order to take necessary measures, such as precision diagnosis, repair, or reinforcement.

(7) Where a railroad facility manager or a Mayor/Do Governor has conducted an emergency inspection pursuant to paragraph (1) or (2), he/she shall submit a report on the results of the inspection to the Minister of Land, Infrastructure and Transport.

(8) The standards, method, and procedures for conducting an emergency inspection as well as other matters necessary for conducting the emergency inspection shall be prescribed by Presidential Decree.

[This Article Newly Inserted on Mar. 13, 2018]

Article 34(Evaluation of Safety and Levels of Convenience of Use of Railroad Stations) #

(1) To ensure the safety of users of railroad stations and enhance the levels of convenience of use, the Minister of Land, Infrastructure and Transport may evaluate the safety of railroad stations and the levels of convenience of use thereof (hereinafter referred to as “evaluation of railroad stations”) every five years.

(2) The Minister of Land, Infrastructure and Transport may take necessary measures, such as issuing an order to improve facilities against the relevant railroad facility manager, based on the results of evaluation of railroad stations.

(3) Upon receipt of an order to improve railroad station facilities under paragraph (2), a railroad facility manager shall formulate a plan to improve railroad station facilities and submit it to the Minister of Land, Infrastructure and Transport or the competent Mayor/Do Governor.

(4) Where necessary to establish an efficient railroad station evaluation system, the Minister of Land, Infrastructure and Transport may entrust relevant specialized institutions, etc. prescribed by Presidential Decree to conduct a survey, evaluation, research, etc. on the safety of railroad stations and levels of convenience of use thereof.

(5) In conducting an evaluation, etc. of railroad stations, the Minister of Land, Infrastructure and Transport or a person entrusted with evaluation, etc. pursuant to paragraph (4) may require any railroad facility manager to submit, etc. relevant data or his/her opinion, or may conduct on-site investigations of the safety of railroad stations or levels of convenience of use thereof.

(6) A railroad facility manager in receipt of a request to submit data or his/her opinion under paragraph (5) shall comply with such request, unless a compelling reason exists not to do so.

(7) Matters necessary for the items of evaluation of railroad stations and procedures for conducting such evaluation under paragraph (1) as well as for conducting on-site investigations, shall be prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.

[This Article Newly Inserted on Mar. 13, 2018]

Article 45(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 twenty million won:

1. A person who fails to conduct, or unfaithfully conducts, a periodic inspection under Article 29 (1), emergency inspection under Article 30 (1), or precision diagnosis under Article 31 (1) or (2), thereby causing serious damage to any railroad facilities;

2. A person who fails to conduct an emergency inspection without just cause or fails to comply with an order to take necessary measures, in violation of Article 30 (2) or (6), thereby causing serious damage to any railroad facilities;

3. A person who fails to take safety measures, in violation of Article 32 (1), thereby causing serious damage to any railroad facilities;

4. A person who fails to take necessary measures, such as repair or reinforcement, or fails to comply with an order to take necessary measures or corrective order, in violation of Article 32 (2) or (4), thereby causing serious damage to any railroad facilities.

(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:

1. A person who fails to take safety measures, in violation of Article 32 (1);

2. A person who fails to take necessary measures, such as repair or reinforcement, or fails to comply with an order to take necessary measures or corrective order, in violation of Article 32 (2) or (4).

(3) Any of the following persons shall be punished by a fine not exceeding five million won:

1. A person who refuses, interferes with, or evades an emergency inspection referred to in Article 30 (2);

2. A person who fails to comply with a corrective order issued under Article 36;

3. A person who refuses, interferes with, or evades a fact-finding inspection referred to in Article 41 (1);

4. A person who fails to submit data without just cause, in violation of Article 41 (3), or submits false data.

(4) A person who fails to comply with an order issued under Article 42 shall be punished by a fine not exceeding three million won.

[This Article Newly Inserted on Mar. 13, 2018]

Article 47(Administrative Fines) #

(1) Any of the following persons shall be subject to an administrative fine not exceeding 20 million won:

1. A person who fails to conduct an emergency inspection referred to in Article 30 (1);

2. A person who fails to conduct a precision diagnosis referred to in Article 31 (1) or (2).

(2) Any of the following persons shall be subject to an administrative fine not exceeding 10 million won:

1. A person who fails to formulate an action plan referred to in Article 26 (1) or fails to submit an action plan referred to in Article 26 (2);

2. A person who fails to preserve the history information of railroad facilities referred to in Article 27 (1);

3. A person who fails to install a sign indicating danger referred to in Article 32 (1);

4. A person who fails to give notification referred to in Article 32 (3);

5. A person who fails to conduct a performance evaluation referred to in Article 33 (1);

6. A person who fails to comply with an order to improve facilities issued under Article 34 (2).

(3) Any of the following persons shall be subject to an administrative fine not exceeding five million won:

1. A person who fails to register the history information of railroad facilities referred to in Article 27 (1) with the railroad facilities information management system referred to in Article 28;

2. A person who fails to submit a report on the results of an emergency inspection referred to in Article 30 (7);

3. A person who fails to comply with a request for rectification without just cause, in violation of Article 41 (2).

(4) Any of the following persons shall be subject to an administrative fine not exceeding three million won:

1. A person who refuses or interferes with any act of a project operator referred to in Article 10 without just cause;

2. A person who fails to submit a report or data referred to in Article 40 (1); submits a false report or data; or refuses, interferes with, or evades the relevant inspection.

(5) Administrative fines referred to in paragraphs (1) through (4) shall be imposed and collected by the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree.

[This Article Wholly Amended on Mar. 13, 2018]

RAILROAD CONSTRUCTION ACT

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship with other Acts) #

Article 4(Formulation and Change of Construction Plans for National Railroad Networks) #

Article 5(Details of Railroad Network Plans) #

Article 6(Deliberation on Matters concerning Railroad Construction) #

Article 7(Formulation of Masters Plans for Railroad Construction Projects) #

Article 8(Operators of Railroad Construction Projects) #

Article 9(Approval for Implementation Plans for Each Railroad Construction Project) #

Article 10(Access to Land) #

Article 11(Legal Fiction of Authorization and Permission under other Acts) #

Article 12(Expropriation and Use) #

Article 12-2(Compensation for Use of Underground Part of Land) #

Article 12-3(Registration of Creation of Partitioned Surface Right) #

Article 13(Lending of State and Public Property) #

Article 14(Entrustment of Land Purchase Projects) #

Article 15(Installation of Substitute Public Facilities, etc.) #

Article 16(Completion Confirmation) #

Article 17(Reversion of Facilities) #

Article 18(Special Cases for Promotion and Quality Improvement of Railroad Construction Projects) #

Article 19(Technical Standards for Railroad Facilities) #

Article 20(Principle of Cost-Bearing) #

Article 21(Cost-Bearing by Beneficiaries and Initiators) #

Article 22 #

Article 23 #

Article 23-2(Permission for Occupancy) #

Article 24(Formulation of Master Plans for Railroad Facilities Management) #

Article 25(Formulation of City/Do Railroad Facilities Management Plans) #

Article 26(Formulation of Action Plans for Railroad Facilities Management) #

Article 27(Life Cycle Management of Railroad Facilities) #

Article 28(Establishment and Operation of Railroad Facilities Information Management System) #

Article 29(Conducting Periodic Inspections) #

Article 30(Conducting Emergency Inspections) #

Article 31(Conducting Precision Diagnosis) #

Article 32(Safety Measures) #

Article 33(Performance Evaluation of Railroad Facilities) #

Article 34(Evaluation of Safety and Levels of Convenience of Use of Railroad Stations) #

Article 35(Repair, Reinforcement, and Replacement of Railroad Facilities) #

Article 36(Corrective Order) #

Article 37(Suspension of Business) #

Article 38(Penalty Surcharges) #

Article 39(Subsidization for Railroad Facility Managers) #

Article 40(Reporting and Inspections) #

Article 41(Fact-Finding Inspections of Railroad Facilities Management) #

Article 42(Supervision) #

Article 43(Hearings) #

Article 44(Periodic Inspections by Agents) #

Article 45(Penalty Provisions) #

Article 46(Joint Penalty Provisions) #

Article 47(Administrative Fines) #