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Laws of the Republic of Korea |
[Enforcement: Jul. 31, 2009] [Presidential Decree No. 21641; 2009.7.27: Partial Amendment] Ministry of Land, Transport, and Maritime Affairs (Metropolitan Urban Railway Division) 02-2110-6493 Article 1 (Purpose)
The purpose of this decree is to provide for matters delegated by the Urban Railway Act and matters necessary for the enforcement thereof.
[Wholly Amended on Jun. 30, 2009]
Article 1-2 (Urban Railway Facilities)
The term "other facilities prescribed by Presidential Decree" in Subparagraph 3 f of Article 3 of the Urban Railway Act, (hereinafter referred to as the "Act"), means facilities outlined in the following subparagraphs:
1. Facilities used for the period of the project concerned for processing, assembling, transporting, or storing materials necessary for construction and maintenance of the urban railway;
2. Access roads, parking lots, stock yards, earth and rock gathering places, and earth dumping places used for work for construction and maintenance of the urban railway, and facilities necessary for the installation and operation thereof;
3. Equipment used for the period of the project concerned for construction and maintenance of the urban railway, and facilities necessary for servicing, checking, or repairing such equipment; and
4. Other facilities as determined by the Minister of Land, Transport, and Maritime Affairs to be necessary for construction, maintenance, and operation of the urban railway, including urban railway safety facilities and urban railway guide facilities.
[Wholly Amended on Jun. 30, 2009]
Article 1-3 (Submission, etc. of the Master Plan for Urban Railways) (1) The Mayor of the Special Metropolitan City or Metropolitan City, or the governor of the Do or Special Autonomous Do, (hereinafter referred to as the "Mayor/Do governor), shall, when he/she has formulated the master plan for an urban railway under Article 3-2 (1) of the Act, submit it by the end of February of the year before the start of the planning period to the Minister of Land, Transport, and Maritime Affairs.
(2) The Mayor/Do governor shall review the feasibility of the master plan decided under Article 3-2 (3) of the Act every 5 years and reflect the results in the master plan. [Wholly Amended on Jun. 30, 2009]
Article 2 (Amendment of Minor Matters in the Master Plan) (1) The term "minor matters prescribed by Presidential Decree" in the latter part of Article 3-2 (3) of the Act means matters in respect of the following subparagraphs:
1. Adjustment of the total extension route within a scope not exceeding 10/100 thereof;
2. Adjustment of the total construction period within a scope not exceeding one year; and
3. Adjustment of the total construction costs within a scope not exceeding 10/100 thereof. (2) The Minister of Land, Transport, and Maritime Affairs shall, when he/she has amended matters under Paragraph (1), notify the head of the administrative agency concerned of said fact without delay. [Wholly Amended on Jun. 30, 2009]
Article 3 Deleted
Article 4 Deleted
Article 4-2 (Application, etc. for a Business License)
(1) Any person who seeks to obtain a license for urban railway services under
Article 4 of the Act shall
submit an application for a license for urban railway services, (including an application made by
electronic
document), as determined by the Minister of Land, Transport, and Maritime Affairs,
accompanied with the following documents to the
Minister of Land, Transport, and Maritime Affairs: In
this case, the Minister of Land, Transport, and Maritime Affairs shall confirm
the attested copy of the
corporate register using the public utility of the administrative information system under Article 21 (1)
of
the Electronic Government Act (only for corporations):
1. A business plan containing the following particulars:
a. Type of business;
b. Purpose of the business;
c. Territory of the business;
d. A chart of the planned urban railway route;
e. Construction plan for subsidiary facilities for the urban railway;
f. Construction period of the urban railway;
g. Document stating the funds necessary for the construction of the urban railway and their financing
methods, and evidencing documents
thereof; and
h. Plan for the operation of the urban railway after construction;
2. Evidence of the identity of the applicant and directors (only for corporations)
(2) The Minister of Land, Transport, and Maritime
Affairs shall, in the event of granting a license for
urban railway services in accordance with an application under Paragraph (1),
issue a certificate for a
license for urban railway services as determined by the Minister of Land, Transport, and Maritime Affairs.
[Wholly Amended on Jun. 30, 2009]
Article 4-3 (Public Announcement, etc. of Applications for Approval of Service Plans)
(1) Any person who seeks to obtain approval
of an urban railway service plan, (hereinafter referred to as
the "service plan"), under Article 4-3 (1) of the Act shall announce
publicly the following matters on a
daily newspaper published in the region concerned:
1. Location of the urban railway sites;
2. Major places in transit;
3. Name and address of the applicant, (for corporations, referring to the name and address of the
corporation and the representative);
4. Scheduled date of the commencement and completion of the urban railway construction; and
5. Date and place for the public reading of copies of relevant documents.
(2) Relevant documents to be offered for public reading
according to the first part of Article 4-3 (2) of the
Act shall be as follows:
1. Documents indicating the location and land category of the areas of land, buildings, and fixtures to be
expropriated or used for
the urban railway construction;
2. Drawings indicating the urban railway sites, (applied only to drawings drawn on scales of 1 to 500
through 1 to 5,000); and
3. Profile of the route, (applied only to drawings drawn on scales of 1 to 200 through 1 to 5,000).
(3) Public announcements under
Article 4-3 (6) of the Act shall be made within 7 days of the approval of
the service plan.
[Wholly Amended on Jun. 30, 2009]
Article 4-4 (Application for Approval of Service Plans)
Any person who seeks to obtain approval of the service plan after a public
announcement under Article 4-
3 shall submit an application for approval of the service plan accompanied with the following documents
to the Minister of Land, Transport, and Maritime Affairs, through the Mayor/Do governor:
1. Plan for construction execution and work plan by types of works;
2. Basic design;
3. Ground plan and profile drawn on a surveyed map of the railway, (applied only to a scale of 1 to
25,000);
4. Outline and plan for the urban railway facilities;
5. Yearly investment plan and documents concerning sources of the funds required;
6. Documents concerning traffic plans for the construction regions during the construction period;
7. Documents under Article 4-3 (2); and
8. Plan for the purchase of land under Article 4-6, 5, and 7 of the Act and compensation thereof, and
documents concerning measures
for transfer under Article 8 of the Act.
[Wholly Amended on Jun. 30, 2009]
Article 4-5 (Scope of the Station-neighboring Area and Types of Station-neighboring Area Development
Projects)
(1) The scope of the station-neighboring area under Article 4-5 (2) of the Act shall be those areas that
have obtained approval
of a plan for station-neighboring area development projects from the Mayor/Do
governor in consideration of traffic conditions of
the areas from among areas neighboring the station.
(2) Types of station-neighboring area development projects under Article 4-5
(2) of the Act shall be
projects as prescribed in Article 4-5 (1) of the Act and that are required for convenience to urban railway
users.
[Wholly Amended on Jun. 30, 2009]
Article 5 (Underground Section to be Compensated for Use and Standards Therefor)
(1) Underground section of the land owned by others
to be compensated for use under Article 4-6 (1) of
the Act shall be the underground section used for the installation or protection
of urban railway facilities.
(2) The compensation monies for the underground section of land for use under Paragraph (1) shall be
calculated by multiplying the reasonable price of the land, (referring to the surface of the earth
perpendicular to the underground
area), by the hindering rate of buildings according to the extent of
hindering utilization of the land, hindering rate of the underground
section and rate of hindering other
utilizations have caused due to the construction of urban railway facilities, (hereinafter referred
to as the
"solid utilization hindering rate").
(3) The reasonable price for land under Paragraph (2) shall be the value appraised by an appraisal
corporation designated by the
Mayor/Do governor from among appraisal corporations under Article 28 of
the Public Notice of Value and Appraisal of Real Estate
Act on the basis of the officially announced price
of the reference land under Subparagraph 5 of Article 2 of the same Act.
(4)
Calculation of the compensation monies under Paragraphs (1) and (2) shall be made by the method
shown in Appendix 1 and detailed
standards for the calculation of the solid utilization value, utilization
rate, etc. required for calculating the solid utilization
hindering rate shall be provided by ordinance of the
Special Metropolitan City, Metropolitan City, Do and Special Autonomous Do,
(hereinafter referred to as
the "City/Do), in consideration of the actual utilization state, conditions of the location, and other
regional
particularities of the land concerned and neighboring areas of land.
[Wholly Amended on Jun. 30, 2009]
Article 5-2 (Compensation for the Use of Underground Sections, etc.)
(1) The urban railway constructor shall, when he/she compensates
for the use of underground sections of
land, pay the compensation monies to each of the landowners in a lump sum in cash.
(2) The
urban railway constructor shall notify the head of the local government concerned of the
compensation amount and the area intended
for the use of the underground section under Paragraph (1)
and particulars of the utilization of said underground section.
(3)
The head of the local government concerned may take any necessary measures when he/she has been
requested to provide protection
of urban railway facilities by the urban railway constructor.
[Wholly Amended on Jun. 30, 2009]
Article 6 (Application for Decision)
Any person who intends to apply for a decision under Article 7 (2) of the Act shall submit an application
for a decision stating
the following particulars to the competent land expropriation council accompanied
by documents proving that he/she is the owner,
and the interested party, of the land or object, a written
explanation of the consultation progress, protocol of the object, business
plan, and drawings with
indications of obstacles:
1. Location of obstacles;
2. Type, area, and quantity of obstacles;
3. Method and time for modification, relocation, and removal of obstacles;
4. Name and address of the owner and parties interested; and
5. Compensation for loss and particulars thereof.
[Wholly Amended on Jun. 30, 2009]
Article 7 Deleted
Article 8 Deleted
Article 9 (Procedures for Issuing Urban Railway Bonds)
(1) The Minister of Land, Transport, and Maritime Affairs shall, when the
state intends to issue urban
railway bonds under Article 12 (1) of the Act, request the Minister of Strategy and Finance to issue
them
by specifying the following matters:
1. Issue amount;
2. Issue method;
3. Issue conditions;
4. Method and procedures for repayment; and
5. Other necessary matters.
(2) The head of the local government shall, when he/she seeks to obtain approval of the Minister of Public
Administration and Security for, or have consultation with the Minister of Land, Transport, and Maritime
Affairs about, the issuance
of urban railway bonds under Article 12 (1) of the Act, specify the matters
under the Subparagraphs of Paragraph (1).
(3) The provision of Paragraph (2) shall apply to the consultation of a local enterprise established in
accordance with the Local
Public Enterprises Act for urban railway services, (hereinafter referred to as
the "urban railway corporation"), with the head of
the local government concerned and the Minister of
Land, Transport, and Maritime Affairs.
(4) In the event of intending to issue urban railway bonds pursuant to Paragraphs (1) through (3), the state,
local government,
or urban railway corporation shall announce publicly the following matters:
1. Total amount to be issued;
2. Period of issuance;
3. Interest rate of the bonds;
4. Method and time for repayment of the principal; and
5. Method and time for the payment of interest.
[Wholly Amended on Jun. 30, 2009]
Article 10 (Issuance Method, etc. of Urban Railway Bonds)
(1) Urban railway bonds shall be issued with registration to the registry
office under Article 3 of the
Registration of Public and Company Bonds Act.
(2) Interest rate of urban railway bonds shall be determined according to the following classifications:
1. Bonds issued by the state: To be determined after consultation of the Minister of Strategy and Finance
with the Minister of Land,
Transport, and Maritime Affairs;
2. Bonds issued by a local government: To be determined by Ordinance of the local government within a
scope not exceeding 10 percent
annually with the approval of the Minister of Public Administration and
Security; and
3. Bonds issued by an urban railway corporation: To be determined by the rules of the urban railway
corporation within a scope not
exceeding 10 percent annually after consultation with the head of the local
government concerned.
[Wholly Amended on Jun. 30, 2009]
Article 11 Deleted
Article 12 (Persons Subject to the Purchase of Urban Railway Bonds)
(1) Persons subject to the purchase of urban railway bonds and
the amount thereof under Article 13 of the
Act shall be determined by Ordinance of the City/Do within the scope as shown in Table
2.
(2) The state and local government shall have the persons falling under any one of the Subparagraphs of
Article 13 (1) of the
Act purchase urban railway bonds under conditions as provided for by this Decree
and Ordinance of the local government concerned.
[Wholly Amended on Jun. 30, 2009]
Article 13 (Furnishing of a Ledger for Issuing Urban Railway Bonds)
The institution to administer urban railway bond affairs under
Article 14 shall be furnished with a ledger
for issuing urban railway bonds and enter the following particulars into said ledger:
1. Name, address, and resident ID number of bond purchasers;
2. Amount of the bonds;
3. Interest rate of the bonds; and
4. Date of issuance and repayment of the bonds.
[Wholly Amended on Jun. 30, 2009]
Article 14 (Institution for Urban Railway Bond Administration, etc.)
(1) The institution to administer the sale and repayment of
urban railway bonds issued by the state shall
be the Bank of Korea.
(2) The institution to administer the sale and repayment of urban railway bonds issued by a local
government or an urban railway
corporation shall be a financial institution designated by the local
government concerned or the Korea Securities Depository established
under Article 294 of the Act on
Capital Market and Financial Investment Business.
(3) The institutions to administer urban railway
bond affairs under Paragraphs (1) and (2), (hereinafter
referred to as the "bond administration institution"), shall, when it has
sold urban railway bonds, deliver a
purchase certificate of urban railway bonds, (hereinafter referred to as the "purchase certificate"),
to the
purchaser.
(4) The bond administration institution shall be furnished with a ledger for issuing the purchase certificate
of urban railway bonds
and enter the particulars about the issuance of the purchase certificate into it.
(5) In the event that an urban railway bond purchaser
has lost or had stolen the purchase certificate, said
purchase certificate shall not be re-issued until the issuer of the bond concerned
confirms that the
purchaser has not used the lost purchase certificate for the purpose of purchasing it.
(6) The bond administration
institution shall, when it has re-issued a purchase certificate under Paragraph
(5), mark said fact on the purchase certificate
and record the fact in a ledger for re-issuing urban railway
bonds.
(7) The sale of urban railway bonds under the provisions of Paragraphs (3) through (6) may be
electronically handled, and the procedures
and methods for said electronic handling shall be determined
by the state, local government, or urban railway corporation that has
issued urban railway bonds.
[Wholly Amended on Jun. 30, 2009]
Article 14-2 (Urban Railway Technology Research Institutes)
"Institutions or organizations engaged in the study of urban railway
technologies as prescribed by
Presidential Decree" in Article 14 (3) of the Act means the following institutions or organizations:
1. The Korea Railroad Research Institute established pursuant to Article 8 of the Act on the Establishment,
Operation, and Fostering
of Government-invested Science and Technology Research Institutions;
2. The Electronics and Telecommunication Research Institute established pursuant to Article 8 of the Act
on the Establishment, Operation,
and Fostering of Government-invested Science and Technology
Research Institutions;
3. The Korea Institute of Machinery and Materials established pursuant to Article 8 of the Act on the
Establishment, Operation, and
Fostering of Government-invested Science and Technology Research
Institutions;
4. The Korea Electro-technology Research Institute established pursuant to Article 8 of the Act on the
Establishment, Operation,
and Fostering of Government-invested Science and Technology Research
Institutions;
5. The Korea Institute of Industrial Technology established pursuant to Article 8 of the Act on the
Establishment, Operation, and
Fostering of Government-invested Science and Technology Research
Institutions; and
6. Other corporations or organization that the Minister of Land, Transport, and Maritime Affairs considers
to be necessary for the
fostering and development of urban railway technology.
[Wholly Amended on Jun. 30, 2009]
Article 14-3 (Payment of Subsidies, etc.)
(1) The institution or organization under Article 14-2 shall, when it seeks to receive subsidies or
contributions pursuant to Article
14 (4) of the Act, submit an application for the payment of subsidies or
contributions to the head of the local government along
with a project plan and a budget execution plan.
(2) The local government that has received the application under Paragraph (1)
may, when it deems the
submitted project plan and the budget execution plan to be feasible, pay the appropriate subsidies or
contributions.
(3) The institution or organization that has received subsidies or contributions under Paragraph (2) shall,
when it has completed
the subsidized or contributed project or has obtained approval of abolition, or
when the fiscal year has ended, submit a report
on the results of the subsidized or contributed project to
the head of the local government.
[Wholly Amended on Jun. 30, 2009]
Article 15 (Application for Approval of the Entrustment of Construction and Operation)
A local government that seeks to obtain approval
of the entrustment of the construction and operation of
an urban railway pursuant to Article 15 (1) of the Act shall have consultation
with the prospective trustee
and thereafter submit an application for approval of entrustment stating the details and period of
entrustment to the Minster of Land, Transport, and Maritime Affairs.
[Wholly Amended on Jun. 30, 2009]
Article 16 (Period of Gratuitous Operation, etc. of Facilities)
(2) The period for which a corporation entrusted with the construction and operation of an urban railway,
(hereinafter referred
to as the "trustee"), may gratuitously operate urban railway facilities reverted to the
state or local government shall be, notwithstanding
the provisions of Article 32 of the enforcement decree
of the National Property Act, and Articles 13 and 17 of the enforcement decree
of the Public Properties
and Goods Management Act, determined after consultation with the Minister of Land, Transport, and
Maritime
Affairs or the head of the local government that has formed the entrustment with the trustee,
and considering the payback period
for the money the trustee has invested in the construction of the urban
railway: In this case, the Minister of Land, Transport,
and Maritime Affairs shall have consultation with
the Minster of Strategy and Finance in advance.
Article 18 (Approval, etc. for Construction and Operation Regulations)
(1) The trustee shall prepare the regulations on the construction
and operation of an urban railway and
obtain approval of the state or the local government that has entrusted it. The same shall
apply to any
amendments of the regulations.
(2) The trustee shall obtain the approval of the state or the local government that has entrusted the
construction and operation
of an urban railway for the following matters in advance:
1. Business plan for the urban railway construction and operation;
2. Designs concerned with the urban railway construction and operation;
3. Implementation of the urban railway construction work;
4. Modification of the urban railway operation system; and
5. Annual business plan for urban railway services and closing accounts.
(3) The trustee shall, when it has completed construction
of an urban railway, undergo an inspection of
the completion of the state or the local government that has entrusted the urban railway
construction and
operation.
(4) The state or local government may give the trustee any instructions necessary with respect to the
urban railway construction
works conducted by the trustee and the management of urban railway facilities.
[Wholly Amended on Jun. 30, 2009]
Article 19 (Cancellation of the Entrustment of Construction and Operation)
(1) The state or the local government that has entrusted
the urban railway construction and operation may
cancel the entrustment where it deems it necessary for the public interest or where
the trustee falls under
any one of the following subparagraphs: In this case, the urban railway constructor that is a local
government
shall obtain the approval of the Minister of Land, Transport, and Maritime Affairs:
1. Where the trustee has constructed and operated the urban railway in violation of the terms and
conditions of entrustment;
2. Where the trustee is deemed unable to construct and operate the urban railway;
3. Where the trustee has failed to perform the order to improve services under Article 16 of the Act;
4. Where the trustee has operated urban railway vehicles that do not conform to safety standards in
violation of Article 22-2 of
the Act or has constructed or maintained urban railway facilities in
contravention of safety standards; or
5. Where the trustee has operated urban railway vehicles that have exceeded their maximum durability in
violation of Article 22-5
of the Act.
(2) The state or the local government shall, when it has cancelled the entrustment of the urban railway
construction and operation
for public interest, compensate the costs that the trustee has invested: In this
case, the money retrieved by the trustee through
the urban railway operation, if any, shall be deducted
from the costs invested.
(3) The state or the local government shall, when it has cancelled the entrustment of the urban railway
construction and operation
pursuant to any of Subparagraphs of Paragraph (1), determine the
compensation amount after consultation with the trustee, in consideration
of damages the state or the local
government has suffered or is anticipated to suffer.
[Wholly Amended on Jun. 30, 2009]
Article 19-2 (Adjustment and Consultation of Urban Railway Fares)
(1) The Mayor/Do governor shall, when he/she intends to determine
the scope of urban railway fares,
establish a fare adjustment committee pursuant to Article 15-2 (1) of the Act and hear the opinions
of the
committee.
(2) More than half of the members of the fare adjustment committee under Paragraph (1) shall be civil
members.
(3) For the report of urban railway fares under Article 15-2 (1) of the Act, the urban railway operator shall,
if he/she intends
to operate the urban railway in connection with railways operated by the Korea Railroad
Corporation or urban railways operated by
other urban railway operators, consult with the Korea Railroad
Corporation or other urban railway operators with respect to fares
and the time for enforcement in
advance.
(4) The Mayor/Do governor shall, when he/she has been reported in relation to fares pursuant to the
previous part of Article 15-2
(1) of the Act, notify the fares to the Minister of Strategy and Finance and
the Minster of Land, Transport, and Maritime Affairs.
[Wholly Amended on Jun. 30, 2009]
Article 19-3 (Imposition and Collection of Surcharges)
(1) Types of offenses for which surcharges shall be imposed and amounts to
be charged under Article 19-
2 (1) of the Act shall conform to Table 3.
(2) The Minster of Land, Transport, and Maritime Affairs may raise or reduce the amount of surcharges
under Paragraph (1) within
a scope of ½, considering the size of the project, peculiarities of the project
zone, extent and frequency of offenses, provided,
that the total amount of surcharges shall not exceed 20
million won when raising the surcharge.
(3) The Minster of Land, Transport, and Maritime Affairs shall, in the event of intending to impose a
surcharge under Paragraph
(1), specify the type of offense and the charged amount, and submit a
surcharge notice in writing.
(4) Any person who has received a surcharge notice under Paragraph (3) shall pay the surcharge to the
receiving institute designated
by the Minster of Land, Transport, and Maritime Affairs within 20 days
from the date of the notice, provided, that in the event
that it is unable to pay the surcharge within the
time limit due to natural disaster or any other unavoidable reasons, the surcharge
shall be paid within 7
days after said reason ceases to exist.
(5) The receiving institute that has received the surcharge under Paragraph (4) shall make out a receipt for
the surcharge and provide
to the Minster of Land, Transport, and Maritime Affairs a notice of receipt
confirmation.
(6) Surcharges shall not be allowed to be paid in installments.
[Wholly Amended on Jun. 30, 2009]
Article 19-4 Deleted
Article 19-5 (Formulation of the Plan for Supply and Demand of Urban Railway Operation
Manpower, etc.)
(1) The urban railway operator shall formulate a 5-year plan for supply and demand of urban railway
operation manpower, (hereinafter
referred to as the "plan for manpower supply and demand"), and submit
it to the Minster of Land, Transport, and Maritime Affairs
by the end of February of the first planning
year.
(2) The urban railway operator shall, when he/she has modified the plan for manpower supply and
demand, submit the modified plan
for manpower supply and demand to the Minster of Land, Transport,
and Maritime Affairs without delay.
(3) The plan for manpower supply and demand shall include the following matters:
1. Currently required urban railway operation manpower and prospects for future supply and demand;
2. Plan for fostering urban railway operation manpower;
3. Plan for expanding its own training facilities and plans for training by outside training institutes; and
4. Other matters as prescribed by the Minister of Land, Transport, and Maritime Affairs for the smooth
supply and demand of urban
railway operation manpower.
[Wholly Amended on Jun. 30, 2009]
Article 20 Deleted
Article 21 Deleted
Article 22 Deleted
Article 23 Deleted
Article 24 (Establishment of Standard Specifications)
(1) The Minister of Land, Transport, and Maritime Affairs shall, when he/she
intends to establish, amend,
or abrogate the standard specifications of urban railway vehicles and urban railway facilities under
Article
22 (1) of the Act, refer it to the deliberation of the working-level urban railway technology committee,
(hereinafter referred
to as the "technology committee"), under Article 42-2 of the enforcement decree of
the Urban Traffic Improvement Promotion Act.
(2) Any person who has an interest in the establishment, amendment, or abrogation of standard
specifications of urban railway vehicles
and urban railway facilities may formulate a draft for it and
request the Minister of Land, Transport, and Maritime Affairs for
the establishment, amendment, or
abrogation of the standard specifications concerned, and the Minister of Land, Transport, and Maritime
Affairs shall, when he/she has received said request, examine the details of the request and notify the
applicant of the results
thereof.
(3) In the event of intending to establish, amend, or abrogate standard specifications of urban railway
vehicles and urban railway
facilities, the Minister of Land, Transport, and Maritime Affairs may, if he/she
deems it necessary, hold a public hearing to hear
the opinions of persons interested.
(4) The Minister of Land, Transport, and Maritime Affairs shall, when he/she has established
standard
specifications for urban railway vehicles and urban railway facilities, publish the title, number, date, etc.
of the standard
specifications in the official gazette or major daily newspapers. The same shall apply to
any amendment and/or abrogation of the
announced standard specifications.
(5) The Minister of Land, Transport, and Maritime Affairs shall examine the validity of the standard
specifications for urban railway vehicles and urban railway facilities announced under Paragraph (4)
every 5 years from the date
of their public announcement, and may amend or abrogate the standard
specifications for urban railway vehicles and urban railway
facilities in the event that he/she deems it
necessary, provided, that any amendment or abrogation of standard specifications is
deemed necessary as
a result of the need for an improvement of urban railway vehicles and urban railway facilities technology,
in which case such standard specifications may be amended or abrogated within 5 years.
[Wholly Amended on Jun. 30, 2009]
Article 25 (Structure and Apparatus of Urban Railway Vehicles and Facilities)
(1) "Structure and apparatus as prescribed by Presidential
Decree" in Article 22-2 (1) of the Act means
the following structure and apparatus:
1. Structure: It shall be limited to the following structure items:
a. Length, width, and height;
b. Gross weight;
c. Weight distribution;
d. Axle weight; and
e. Other structure items as prescribed by Ordinance of the Ministry of Land, Transport, and Maritime
Affairs.
2. Apparatus: It shall be limited to the following apparatus items:
a. Body of the vehicle;
b. Running gears;
c. Brake system;
d. Propulsion control system:
e. Subsidiary power system;
f. Signal security system;
g. Integrated control system; and
h. Other systems as prescribed by Ordinance of the Ministry of Land, Transport, and Maritime Affairs.
(2) "Urban railway facilities
as prescribed by Presidential Decree" in Article 22-2 (2) of the Act means
the following facilities:
1. Track facilities;
2. Electric power facilities for electric railways;
3. Signal and train control facilities; and
4. Other facilities as prescribed by the Minister of Land, Transport, and Maritime Affairs for securing the
safety of the urban railway
facilities.
[Wholly Amended on Jun. 30, 2009]
Article 25-2 (Vehicles and Facilities to Undergo Performance Testing)
The performance test under Article 22-3 (1) of the Act, (hereinafter
referred to as the "performance test"),
shall not be given to the following urban railway vehicles and facilities:
1. Urban railway vehicles and facilities that have been manufactured, assembled, or imported for the
purpose of experiment and/or
study;
2. Urban railway vehicles and facilities that have been manufactured, assembled, or imported not to be
sold or installed at home
but to be exported in the entire quantity:
3. Other types of urban railway vehicles and facilities that have been publicly announced by the Minister
of Land, Transport, and
Maritime Affairs as deemed improper for undergoing performance testing.
[Wholly Amended on Jun. 30, 2009]
Article 25-3 (Application for Performance Testing, etc.)
(1) Any person who seeks to manufacture, assemble, or import urban railway
vehicles and facilities,
(hereinafter referred to as the "manufacturer, etc."), shall, in the event of seeking to undergo a
performance
test, submit an application accompanied with the documents as prescribed in Table 3-2 to
the person who administers the performance
test under Article 22-3 of the Act, (hereinafter referred to as
the "performance tester").
(2) Any person who seeks to undergo a performance test shall present the performance tester with urban
railway vehicles and facilities
to be tested, and if the performance tester requests any necessary drawings,
he/she shall comply with such said request.
(3) The performance tester shall, when he/she has completed the performance test, make the performance
test results in triplicate,
and shall deliver a copy, respectively, to the applicant and the Minister of Land,
Transport, and Maritime Affairs, and retain a
copy for 5 years thereafter.
[Wholly Amended on Jun. 30, 2009]
Article 25-4 (Standards and Methods for Performance Testing)
(1) The performance test for urban railway vehicles shall consist of
a test of components, a test of finished
vehicles, and a test run on the track.
(2) Items of the test of components, test of finished vehicles, and test run on the track shall conform to
Table 4, and detailed
standards and methods thereof shall be determined and notified to the public by the
Minister of Land, Transport, and Maritime Affairs.
(3) Items of the performance test for urban railway facilities shall conform to Table 4-2, and detailed
standards and methods thereof
shall be determined and notified to the public by the Minister of Land,
Transport, and Maritime Affairs.
(4) The performance test shall be carried out by means of a firsthand test using the performance test
facilities of the performance
tester or a visiting test using the performance test facilities of the
manufacturer, etc.
(5) The performance tester shall issue the performance test certificate to the manufacturer, etc. if the
performance test proves
that the urban railway vehicles and facilities meet the detailed standards under
Paragraphs (2) and (3).
(6) For urban railway vehicles and facilities of the same type and performance levels as those of the urban
railway vehicles and
facilities that have obtained a performance test certificate under Paragraph (5), part
of the required documents under Table 3-2
or part of the tests under Paragraphs (2) and (3) may be
exempted at the time of applying for the performance test under conditions
as provided for by Ordinance
of the Ministry of Land, Transport, and Maritime Affairs.
[Wholly Amended on Jun. 30, 2009]
Article 25-5 (Designation of the Performance Tester, etc.)
(1) Any person who seeks to be designated as a performance tester shall
submit an application, (including
an electronic application), accompanied with the following documents, (including electronic documents),
to the Minister of Land, Transport, and Maritime Affairs:
1. Documents proving that performance test facilities and technical manpower have been secured;
2. Business plan; and
3. Service regulations.
(2) The Minister of Land, Transport, and Maritime Affairs shall, when he/she has received an application
under Paragraph (1), confirm the following documents through the public utilization system of
administrative information under
Article 21 (1) of the Electronic Government Act, provided, that the
documents under Subparagraph 1 shall be confirmed with the consent
of the applicant, and if the
applicant does not consent to such said confirmation, the applicant shall be asked to attach the documents:
1. Abstract of resident registration (only for natural persons);
2. Attested copy of corporate register (only for corporations).
(3) The Minister of Land, Transport, and Maritime Affairs shall,
in the event that the applicant under
Paragraph (1) proves capable of performing the performance test, issue a letter of designation
as a
performance tester with a fixed date for service commencement and publicly announce the name and
address of any designated
performance testers.
(4) Any person who has been designated as a performance tester under Paragraph (3), in the event of
seeking to change the location,
facilities, name, or address of the performance test place, report said fact
to the Minister of Land, Transport, and Maritime Affairs.
(5) The Minister of Land, Transport, and Maritime Affairs may, where deemed necessary for the conduct
of the performance testing
service, give an order to carry out any of the following:
1. Improvement of performance test facilities;
2. Securing of technical manpower for performance testing; and
3. Other matters deemed necessary for performance testing.
(6) Particulars necessary for the designation of the performance tester
other than as provided for in
Paragraphs (1) through (5) shall be determined by the Minister of Land, Transport, and Maritime Affairs.
[Wholly Amended on Jun. 30, 2009]
Article 25-6 (Object, Standards, etc. for Quality Certification)
(1) The object and standards for quality certification under 22-4
(1) of the Act, (hereinafter referred to as
the "quality certification"), shall be as follows:
1. Object for quality certification: Detailed items of urban railway supplies under Table 4-3 that have
been publicly announced by
the Minister of Land, Transport, and Maritime Affairs after deliberation of
the technology committee;
2. Standards for quality certification: The following standards that have been publicly announced by the
Minister of Land, Transport,
and Maritime Affairs after the deliberation of the technology committee;
a. Standards for assessing the procedures for quality control
of urban railway supplies;
b. Standards for quality tests of urban railway supplies; and
c. Other standards with regard to quality
certification as determined by the Minister of Land, Transport,
and Maritime Affairs.
(2) Any person seeking to obtain quality certification for urban railway supplies announced by the
Minister of Land, Transport,
and Maritime Affairs may submit an application for quality certification
accompanied with evidence thereof to the Minister of Land,
Transport, and Maritime Affairs.
(3) The Minister of Land, Transport, and Maritime Affairs shall, when he/she has received the application
for quality certification under Paragraph (2), issue the quality certificate for urban railway supplies of
which the quality has
been proven appropriate.
(4) The term of validity for urban railway supplies that have obtained the quality certification under
Paragraph (5) shall be 5
years, provided, that the Minister of Land, Transport, and Maritime Affairs may
extend the term of validity for an item where he/she
deems it necessary due to any special quality of the
item.
(5) Any person who has obtained the quality certification for urban railway supplies may give an
indication that the urban railway
supplies concerned meet the standards for quality certification under
Paragraph (1), (hereinafter referred to as the "quality certification
indication"), on the packaging or
container of the product under conditions as provided for by the Minister of Land, Transport,
and
Maritime Affairs.
(6) The Minister of Land, Transport, and Maritime Affairs may investigate any person who has marked
the quality certification indication
as to whether he/she manufactures urban railway supplies that meet the
standards for quality certification, and, if the urban railway
supplies fail to meet the standards for quality
certification, may cancel the quality certification, prohibit the use of the quality
certification indication, or
request to suspend the sale of, or collect, the urban railway supplies concerned.
[Wholly Amended
on Jun. 30, 2009]
Article 25-7 (Designation of Quality Certification Institution, etc.)
(1) Any person who seeks to be designated as a quality certification
institution under Article 22-4 (1) of
the Act shall submit an application, (including an electronic application), accompanied by
the following
documents, (including electronic documents), to the Minister of Land, Transport, and Maritime Affairs:
In this case,
the provision of Article 25-5 (2) shall apply to the procedures for applying for a designation
of quality certification institution:
1. Documents proving that quality certification test facilities and technical manpower have been secured;
2. Business plan; and
3. Service regulations.
(2) The Minister of Land, Transport, and Maritime Affairs shall, in the event that the applicant under
Paragraph
(1) proves capable of performing quality certification services, issue a letter of designation as a
quality certification institution
with a fixed date for service commencement and publicly announce the
name and address of the designated quality certification institution.
(3) Any person who has been designated as a quality certification institution under Paragraph (3), in the
event of seeking to change
the location, facilities, name, or address of the quality certification service
place, report said fact to the Minister of Land,
Transport, and Maritime Affairs.
(4) The Minister of Land, Transport, and Maritime Affairs may, where deemed necessary for the conduct
of quality certification services, give an order to carry out any of the following:
1. Improvement of quality certification facilities;
2. Securing of technical manpower for quality certification; and
3. Other matters deemed necessary for quality certification.
(5) Particulars necessary for the designation of a quality certification
institution other than as provided for
in Paragraphs (1) through (4) shall be determined by the Minister of Land, Transport, and
Maritime
Affairs.
[Wholly Amended on Jun. 30, 2009]
[The former Article 25-7 has been moved to Article 25-8]
1. Close examination test facilities currently in possession and future plans for them;
2. Technical manpower for close examinations currently in possession and future plans for them;
3. Business plan; and
4. Service regulations.
(2) The Minister of Land, Transport, and Maritime Affairs shall, in the event that he/she has received the
application under Paragraph (1) and the applicant proves to be qualified as a close examiner as a result of
investigating whether
the applicant meets the requirements under Table 5, issue a letter of designation as
a close examiner with a fixed date for service
commencement and publicly announce the name and
address of the designated quality certification institution.
(3) The close examiner
shall, when any of the following matters occurs, notify the Minister of Land,
Transport, and Maritime Affairs of the fact within
30 days of the occurrence:
1. Change of the company name and the name of the close examiner, (for a corporation, name of the
representative);
2. Change of address;
3. Improvement and relocation of close examination test facilities; and
4. Change of other matters that may have a significant influence on close examination testing.
(4) The Minister of Land, Transport,
and Maritime Affairs may, where deemed necessary for the conduct
of close examination services, give the close examiner an order
to carry out any of the following:
1. Improvement of close examination test facilities;
2. Securing of technical manpower for close examinations; and
3. Other matters deemed necessary for close examinations.
[Wholly Amended on Jun. 30, 2009]
[Moved from Article 25-7]
Article 26 Deleted
Article 27 (Delegation of Power)
(1) The Minister of Land, Transport, and Maritime Affairs shall delegate the following power to the
Mayor/Do governor pursuant to
Article 25-3 of the Act:
1. Approval and public announcement with respect to matters falling under any one of the following items
from among alterations of
the service plan under Article 4-3 of the Act:
a. Adjustment of the route within a scope not exceeding 10/100 of the total extension
of the route; or
b. Adjustment of urban railway sites within a scope not exceeding 10/100 of the total area and adjustment
of location,
etc. for equipment or facilities within said scope.
2. Power of the following items with respect to urban railway operators that are not the state, local
government, or urban railway
corporation, provided, that the power with respect to construction and
operation of urban railways extended over two or more Cities/Do's
shall be excluded from said
delegation;
a. License for the urban railway services under Article 4 (1) of the Act;
b. Acceptance of a report on the transfer or merger of
the urban railway services under Article 4 (4) of the
Act;
c. Permit for a suspension or cessation of urban railway services under Article 4 (4) of the Act;
d. Order for service improvement
to urban railway constructors or operators under Article 16 of the Act;
e. Cancellation of a license for urban railway services
and disposition of service suspension under Article
19 of the Act;
f. Imposition and collection of the surcharge under Article 19-2 of the Act;
g. Supervision over, and order to, the urban railway
constructor under Article 24 of the Act; and
h. Power with respect to reporting and inspection under Article 25 of the Act.
(2)
The Mayor/Do governor shall, when he/she has processed any matters delegated under Paragraph (1),
report the details thereof to
the Minister of Land, Transport, and Maritime Affairs without delay.
[Wholly Amended on Jun. 30, 2009]
SUPPLEMENTARY PROVISIONS (Enforcement Decree of the National Property Act)
Article 1 (Date of Enforcement)
This decree shall enter into effect from July 31, 2009.
Article 14 (Amendment of Other Acts)
(1) through <22>: Omitted
<23> Part of the enforcement decree of the Urban Railway Act is amended as follows:
"Article 28 of the enforcement decree of the National
Property Act" in the first part of Article 16 (2) is
amended to "Article 32 of the enforcement decree of the National Property Act".
<24> through <65>: Omitted
Article 15 Omitted
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