Article 12(Regulatory exceptions for demonstration of mobility) #
(1) A person who intends to engage in business by using a new means of mobility or mobility infrastructure, service, or technology may file an application for a regulatory exception for demonstration with the Minister of Land, Infrastructure and Transport, in any of the following cases:
1. Where the statutes or regulations governing permission, etc. do not provide for standards, specifications, requirements, etc. applicable to the relevant means of mobility or mobility infrastructure, service, or technology;
2. Where it is inappropriate to apply the standards, specifications, requirements, etc. provided in the statutes or regulations governing permission, etc.;
3. Where it is impossible to apply for permission, etc. under other statutes or regulations.
(2) If an application filed under paragraph (1) falls under the jurisdiction of another administrative agency, the Minister of Land, Infrastructure and Transport shall notify the head of the relevant administrative agency of the details of the application; and the head of the relevant administrative agency shall review the details of the application and reply in writing to the Minister of Land, Infrastructure and Transport regarding the results of the review within 30 days; provided, if it is impracticable to specify the competent administrative agency, the Minister of Land, Infrastructure and Transport shall process the application under his or her jurisdiction.
(3) If the head of the relevant administrative agency requires an applicant for a regulatory exception for demonstration to complement data in order to review whether to grant the regulatory exception for demonstration, the period spent in complementing the data shall not be included in the period for reply under paragraph (2); provided, even in cases where it is required to complement data, the head of the relevant administrative agency shall reply within 90 days regarding the results of the review and may request an extension of the period for reply by up to 30 days only once if it is impossible to reply.
(4) The Minister of Land, Infrastructure and Transport shall submit an application filed under paragraph (1) to the Mobility Innovation Committee under Article 18 (hereinafter referred to as "Mobility Innovation Committee"), including reviews by the relevant administrative agency. In such cases, the Minister may request the head of the relevant administrative agency to attend a meeting of the Mobility Innovation Committee.
(5) The Mobility Innovation Committee shall deliberate on whether to grant a regulatory exception for demonstration, and the area, period, and scale of the regulatory exception for demonstration, in consideration of the following; in such cases, the Mobility Innovation Committee may attach conditions if necessary to ensure safety, etc.:
1. A project implementation plan;
2. Innovativeness of the new means of infrastructure or mobility infrastructure, service, or technology and benefits of users;
3. Future growth potential of the relevant market;
4. Likelihood that demonstration may cause irrecoverable damage, as well as the appropriateness of measures to compensate for damage;
5. Harm to the lives, health, and safety of citizens; harm to the environment; and hindrances to balanced regional development; as well as the safe protection and processing of personal information;
6. Any other matters necessary for granting the regulatory exception for demonstration.
(6) The Minister of Land, Infrastructure and Transport shall grant a regulatory exception for demonstration regarding a new means of mobility or mobility infrastructure, service, or technology based on the results of deliberation and coordination under paragraph (5).
(7) If the Minister of Land, Infrastructure and Transport grants a regulatory exception for demonstration under paragraph (6), he or she shall notify the applicant for the regulatory exception for demonstration of the criteria for examining the regulatory exception for demonstration of a new means of mobility or mobility infrastructure, service, or technology.
(8) The effective period of a regulatory exception for demonstration shall be determined by the Mobility Innovation Committee, for a period of up to two years.
(9) A person granted a regulatory exception for demonstration under paragraph (6) shall purchase liability insurance to compensate for personal injury and property damage that may arise from the project subject to the regulatory exception for demonstration, prior to commencing the relevant project; provided, if a person granted a regulatory exception for demonstration is unable to purchase liability insurance, he or she shall formulate compensatory measures in case of any personal injury or property damage that may arise from a regulatory exception for demonstration after a separate consultation with the Minister of Land, Infrastructure and Transport; and matters necessary for the methods, standards, procedures, etc. for making compensation shall be prescribed by Presidential Decree.
(10) A person, who provides a means of mobility or mobility infrastructure, service, or technology, etc. after obtaining a regulatory exception for demonstration under paragraph (6), shall be liable to pay damages if any personal injury or property damage occurs from such means, infrastructure, service, or technology, etc.; provided, this shall not apply where a person who has been granted the regulatory exception for demonstration proves the lack of intent or negligence on his or her part.
(11) The Minister of Land, Infrastructure and Transport and the head of a relevant administrative agency may provide assistance necessary to facilitate projects for demonstration.
(12) Details relating to paragraphs (1) through (11), and matters necessary for, among other things, the examination criteria, procedures, and methods for granting regulatory exceptions for demonstration shall be prescribed by Presidential Decree.