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THE ENFORCEMENT DECREE OF THE MOBILITY ENHANCEMENT FOR THE MOBILITY IMPAIRED ACT

[Effective Feb. 29, 2008] [Act No. 20722, Feb. 29, 2008, amended by other laws] The Minister of Land, Transport and Maritime Affairs (Transport Safety and Welfare Division) 02-2110-8688

Article 1 (Purpose)

The purpose of this Decree shall be to prescribe matters delegated by the Mobility Enhancement for the Mobility Impaired Act and matters necessary for the enforcement thereof.

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Article 2 (Means of Transportation)

"Any other means of transport as prescribed by the Presidential Decree" as set forth in paragraph 2 (f) of Article 2 of the Mobility Enhancement for the Mobility Impaired Act (hereinafter referred to as the "Act") shall mean any vehicle used to transport passengers within an urban rail or rail system under the provisions of paragraph 2 (b) of Article 2 of the Special Act on the Regional Transport Management of Metropolitan Areas (hereinafter referred to as the "regional rail") Article 3 (Passenger Facility)

"Any other facility or structure as prescribed by the Presidential Decree" as set forth in paragraph 3 (g) of Article 2 of the Act shall mean any facility within the regional rail system that is provided for passengers.

Article 4 (Substance of Mobility Enhancement Plan for Mobility Impaired) "Any other matters as prescribed by the Presidential Decree to facilitate the mobility of the mobility impaired" as set forth in Article 6 (2) 9 of the Act shall mean each of the following:

1. the demographics and traveling data of the mobility impaired; and

2. matters concerning the research and development conducted to facilitate the mobility of the mobility impaired.

Article 5 (Non-Material Modification of Mobility Enhancement Plan for Mobility Impaired)

"Such modification is limited to such non-material matters as prescribed by the Presidential Decree" as set forth in the proviso of Article 6 (3) of the Act shall refer to any of the following events:

1. where the modification of an individual project is limited to 5% or less in scale; or

2. where modification is based on calculation errors, misspellings, omissions, or any other clear basis similar thereto.

Article 6. (Publication of Mobility Enhancement Plan for Mobility Impaired) Where a mobility enhancement plan for the mobility impaired is established or modified under the provisions of Article 6 (3) of the Act, the Minister of Land, Transport and Maritime Affairs shall publish in the official gazette: its substance, the reason for the modification (where the mobility enhancement plan for the mobility impaired has been modified), and how and where the mobility enhancement plan for the mobility impaired is available for viewing. Article 7 (Hearing of Opinions of Residents and Appropriate Experts) (1) If the Seoul Metropolitan Mayor, a metropolitan mayor, or a mayor (hereinafter referred to as a "mayor") or a head of Gun (excluding the head of any Gun located within the jurisdiction of a metropolitan city; hereinafter the same shall apply) intends to consult the opinions of the residents and appropriate experts with respect to the a draft regional mobility enhancement plan for the mobility impaired under the provisions of Article 7 (1) of the Act, then the mayor or head of the Gun shall publish its substance in two or more daily newspapers of general circulation primarily distributed in the applicable metropolitan city, city, or Gun (excluding any Gun located within the jurisdiction of a metropolitan city; hereinafter the same shall apply), as well as on the website of the applicable metropolitan city, city, or Gun, and make it available for viewing by the pubic for fourteen days or more. In which case, the mayor or head of the Gun may hold a public hearing if deemed necessary to collect sufficient opinions. (2) Any person having an opinion on the substance of the draft regional mobility enhancement plan for the mobility impaired as published under the provisions of Article 7 (1), may file with the mayor or head of a Gun a written opinion (including one in electronic form).

(3) The mayor or head of the Gun shall review whether to incorporate each opinion submitted under the provisions of Article 7 (2) in the draft regional mobility enhancement plan for the mobility impaired, and notify the person having submitted the opinion of his/her decision within sixty days of the expiry of the viewing period. Article 8 (Submission of Regional Mobility Enhancement Plan for Mobility Impaired)

Where a regional mobility enhancement plan for the mobility impaired is drafted under the provisions of Article 7 (5) of the Act, the Seoul Metropolitan Mayor or a metropolitan mayor shall submit the draft to the Minister of Land, Transport and Maritime Affairs, and a mayor (excluding the Seoul Metropolitan Mayor and metropolitan mayors) or a head of a Gun shall submit the same to the Do governor, with the following documents attached thereto:

1. the results of the hearing of the opinions of the residents and appropriate experts under the provisions of Article 7 (1) of the Act; and

2. the results of the consultation with the relevant transportation administration under the provisions of Article 7 (3) of the Act.

Article 9. (Non-Material Modification of Regional Mobility Enhancement Plan for Mobility Impaired)

"Such modification is limited to such non-material matters as prescribed by the Presidential Decree" as set forth in the proviso of Article 7 (9) of the Act shall refer to any subparagraph of Article 5.

Article 10. (Establishment and Submission of Annual Implementation Plan) (1) The mayor or head of the Gun shall develop an annual implementation plan under the provisions of Article 8 (1) of the Act (hereinafter referred to as an "implementation plan") no later than the end of January of each year. (2) the Seoul Metropolitan Mayor or a metropolitan mayor shall submit to the Minister of Land, Transport and Maritime Affairs, and a mayor (excluding the Seoul Metropolitan Mayor and metropolitan mayors) or a head of a Gun shall submit to the Do governor, the results of the execution of the implementation plan for the previous year.

(3) The Do governor shall aggregate and summarize the results of the implementation of the implementation plan for the previous year and submit the same to the Minister of Land, Transport and Maritime Affairs no later than the end of February of each year.

Article 11 (Subject Facilities)

The subject facilities requiring the installation of mobility enhancement facilities under the provisions of Article 9 of the Act shall be set forth in Table 1. Article 12 (Types of Mobility Enhancement Facilities) The types of the mobility enhancement facilities installed for a given subject facility under the provisions of Article 10 (1) of the Act shall be as set forth in Table 2. Article 13 (Modification of Material Parts)

"Where it ... modifies such material parts as prescribed by the Presidential Decree" as set forth in Article 11 of the Act shall refer to any of the following events:

1. where the parts of the passenger facility under the provisions of Article 2 (3) of the Act that are provided as a platform, lounge or pathway, are expanded, altered, rebuilt, relocated, or remodeled, or their use is modified; or

2. where a road under the provisions of subparagraph 4 of Article 2 of the Act is altered or repaired.

Article 14 (Number of Low-Floor Buses in Operation) "A certain number, as prescribed by the Presidential Decree" as set forth in Article 14 (2) of the Act shall refer to any of the following numbers:

1. The Seoul Metropolitan city and other metropolitan cities: one half of all buses to be put in operation; or

2. Cities and Guns: one third of all buses to be put into operation. Article 15. (Types of Transport Information, etc.) (1) Any transportation service provider operating a means of transport under the provisions of Article 11 shall furnish the mobility impaired with the information on routes, fares, and operation under the provisions of Article 17 (1) of the Act. (2) The transport information to be furnished by a transportation service provider installing and operating a passenger facility under the provisions of Article 11 to the mobility impaired under the provisions of Article 17 (1) of the Act, shall be as follows:

1. the information on routes, fares, and operation;

2. the information on the instructions and location of where to board, transfer, and alight from vehicles;

3. the information on the locations of elevators, escalators and other mobility enhancement facilities; and

4. the information on the optimal path along which one may use mobility enhancement facilities to transfer vehicles.

(3) The accommodation required under the provisions of Article 17 (1) to be provided by any transportation service provider installing and operating a passenger facility under the provisions of Article 11 for the mobility impaired, shall be as follows:

1. sign language and oral translation services;

2. wheelchair, Braille information booklets, and hearing aids; and

3. public fax machines. Article 16 (Criteria for Designation of Pedestrian Priority Zones) (1) The mayor or head of a Gun may designate, as a pedestrian priority zone, any area surrounded by arterial roads and/or sub-arterial roads that falls under any of the following, where the size of the pedestrian priority zone may not exceed one square kilometer.

1. any residential or commercial district under the National Land Planning and Utilization Act;

2. any area where a concentration of housing units surround a school under the provisions of Article 2 of the Elementary and Secondary Education Act or the provisions of Article 2 of the Higher Education Act; or

3. any such area adjacent to a residential district under the provisions of subparagraph 1 as prescribed by an ordinance of the local government in order to allow the mobility impaired to use public transport with ease.

(2) First priority shall be given to the following considerations where a pedestrian priority zone is designated under the provisions of paragraph 1:

1. the volume of road traffic;

2. the degree in which it is necessary to improve the pedestrian environment and the access path to public transport; and

3. the level of difficulty in installing parking facilities. Article 17 (Hearing of Opinions of Residents and Appropriate Experts) (1) If a mayor or a head a Gun intends to hear the opinions of the residents and appropriate experts under the provisions of Article 18 (5) of the Act, he/she shall announce a draft pedestrian priority zone designation plan on the bulletin boards and website of the applicable city, metropolitan city, or Gun and make it available for viewing by the public for fourteen days or more, in which case, the mayor or head of a Gun may hold a public hearing if deemed necessary to collect sufficient opinions. (2) The provisions of Articles 7 (2) and 7 (3) shall be applicable mutatis mutandis to the viewing under the provisions of Article 17 (1). Article 18 (Revocation of Pedestrian Priority Zones) (1) The mayor or head of a Gun may revoke the designation of a pedestrian priority zone as made under the provisions of Article 20 (1) of the Act where the road routes in the area are modified, the applicable area is subject to property redevelopment, or the purpose of its designation is otherwise deemed to have ceased to exist. (2) The mayor or head of a Gun may modify a pedestrian priority zone as designated under the provisions of Article 20 (1) of the Act where its size is enlarged or reduced by 10% or more.

(3) If a mayor or a head of a Gun intends to revoke or modify a designated pedestrian priority zone under the provisions of Articles 18 (1) and 18 (2), he/she shall announce the reason for such revocation or modification on the bulletin boards and website of the applicable city, metropolitan city, or Gun and make it available for public review for fourteen days or more.

(4) The provisions of Articles 7 (2) and 7 (3) shall be applicable mutatis mutandis to the viewing under the provisions of Article 17 (3). Article 19 (Installation of Pedestrian Furniture) "Any other facilities as prescribed by the Presidential Decree to ensure the safety and mobility of pedestrians" as set forth in Article 21 (1) 5 of the Act shall mean the following:

1. sidewalk fences; and

2. road bollards. Article 20 (Promotion of Research and Development) "Any other matters as prescribed by the Presidential Decree to facilitate the mobility of the mobility impaired" as set forth in Article 26 (1) 6 of the Act shall mean the following:

1. matters concerning how to maintain mobility enhancement facilities; and

2. matters concerning the use of the transport information system. Article 21 (Correction Order)

Where the transportation administration issues a correction order to a transportation service provider under the provisions of Article 29 of the Act, it shall prescribe, in the following manner, the period within which corrective measures are required to be taken:

1. where mobility enhancement facilities are not installed in compliance with the provisions of Article 10 of the Act: one year or less; or

2. where installed mobility enhancement facilities are not maintained in compliance with the provisions of Article 10 of the Act: six months or less. Article 22 (Imposition and Collection of Civil Penalties) (1) If the transportation administration intends to impose a civil penalty under the provisions of Article 33 (2) of the Act, it shall investigate and verify the applicable violation and notify the offending person in writing of, inter alia, the substance of the violation, how to file an objection, and the period within which such an objection may be filed.

(2) If the transportation administration intends to impose a civil penalty under the provisions of Article 22 (1), it shall afford the offending person an opportunity to present his/her opinion (including one in electronic form), oral or written, within a prescribed period of ten days or more. In which case, the offending person shall be deemed to have no opinions if no opinions are presented on or prior to the prescribed date.

(3) The amounts and the criteria for imposition of civil penalties shall be as set forth in Table 3.

(4) The procedure of collecting civil penalties shall be prescribed by the Ordinance of the Ministry of Land, Transport and Maritime Affairs. Article 23 (Calculation of Fine for Non-Compliance) (1) The class of violations subject to the fine for non-compliance under the provisions of Article 34 (2) of the Act and the calculation of its amount shall be as follows:

1. where mobility enhancement facilities are not installed in compliance with the provisions of Article 10 of the Act: an amount equal to 20% of such labor cost, material cost and other installation costs and expenses that are deemed to be ordinarily incurred in connection with the installation of mobility enhancement facilities in compliance with the provisions of Article 10 of the Act; or

2. where installed mobility enhancement facilities are not maintained in compliance with the provisions of Article 10 of the Act: an amount equal to 10% of the applicable installation costs under the provisions of subparagraph 1. (2) The Minister of Land, Transport and Maritime Affairs shall determine and publicly announce the criteria of calculation of the labor cost, material cost and other installation costs and expenses under the provisions of paragraph 1 and any other matters as may be necessary to calculate the fine for non-compliance.

ADDENDA (Organization of the Minister of Land, Transport and Maritime Affairs and Its Affiliates) This Decree shall enter into force on the date of its promulgation; provided, however, that the amendment to the Presidential Decree made under Article 6 of the Addenda that is promulgated before the enforcement of this Decree but has not reached its enforcement date, shall enter into force on its respective enforcement date. Articles 2 through 5 omitted.

Article 6 (Amendment of Other Laws)

Paragraphs (1) through (21) omitted.

(22) The Mobility Enhancement for the Mobility Impaired Act shall be amended as follows:

"The Minister of Construction and Transportation" as set forth in Articles 6 and 8, excluding its subparagraphs, and Articles 10 (2), 10 (2), and 23 (2) shall be amended to read: "the Minister of Land, Transport and Maritime Affairs." "[T]he Ordinance of the Ministry of Construction and Transportation" as set forth in Article 22 (4) shall be amended to read: "[t]he Ordinance of the Ministry of Land, Transport and Maritime Affairs."

Paragraphs (23) through (138) omitted.