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Laws of the Republic of Korea |
Act No. 9777, Jun. 9, 2009
CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to provide for matters on the basic direction for policies on sustainable transportation logistics, in response to changes in the conditions of transportation logistics, such as climate change, energy crisis and requests for environmental protection, and the implementation and promotion of such policies, so as to lay the groundwork for the sustainable development of transportation logistics for the present and future generations, and contribute to the development of the national economy and the improvement of national welfare.
The definitions of terms used in this Act shall be as follows:
1. The term“modes of transportation”means modes of transportation under subparagraph
3 of Article 2 of the National Transport System Efficiency Act;
2. The term“transportation logistics facilities”means transportation facilities under subparagraph 4 of Article 2 of the National
Transport System Efficiency Act and logistics facilities under Article 2 (1) 4 of the Framework Act on Logistics Policies;
3. The term“transportation logistics system”means operation of modes of transportation, transportation logistics facilities and
transportation logistics, which have been connected systematically to effectively carry out activities related to transportation
or logistics, and relevant industries or systems;
4. The term“transportation logistics operators”means persons who operate modes of transportation or manage and control transportation
logistics facilities, falling under any
of the following items:
(a) Any person who has obtained a license, permission, authorization of business related to modes of transportation or transportation
logistics facilities under the Passenger Transport Service Act, the Trucking Transport Business Act, the Aviation Act, the Marine
Transportation Act and other Acts or has been entrusted to conduct such business, and who has made a registration or report of such
business;
(b) Any corporation established under the relevant Acts for operation of modes of transportation or management and control of transportation
logistics facilities;
(c) Any person who establishes, manages or operates transportation logistics facilities.
5. The term“sustainability”means achieving harmony and balance, without wasting economic, societal, environmental, transportation,
etc. resources to be used by the future generation and deteriorating the conditions thereof to meet the needs of the present generation;
6. The term“sustainable transportation logistics system”means a transportation logistics system which achieves the development
of transportation logistics, such as improving the accessibility and mobility of people, freight, etc. on the basis of substainability;
7. The term“mass transportation”means mass transportation under subparagraph 1 of Article 2 of the Act on the Support and Promotion
of Utilization of Mass Transit System Act;
8. The term“automobiles”means any of the following items, prescribed by Presidential
Decree:
(a) Automobiles under subparagraph 1 of Article 2 of the Automobile Management Act; (b) Construction machinery under Article 2 (1)
1 of the Construction Machinery
Management Act;
9. The term“national transportation axis”means one or several transportation routes which perform the functions of main transportation
between regions;
10. The term“public institutions”means central administrative agencies, local governments and corporations falling under any of
the following items:
(a) Public enterprises and quasi-governmental institutions under Article 5 of the Act on the Management of Public Institutions;
(b) Public companies or public corporations in charge of developing, operating or managing transportation logistics facilities, from
among public companies or public corporations established under the Local Public Enterprises Act;
11. The term“modal shift”means transporting people or freight by shifting existing modes of transportation into other modes of
transportation;
12. The term“fees for transportation logistics”means fares or fees paid by users of modes of transportation to relevant transportation
logistics operators in return for transporting people or freight, and tolls or fees paid by users of transportation logistics facilities
to relevant transportation logistics operators in return for using such facilities;
13. The term“greenhouse gases”means gases which produce the greenhouse effect in the air by absorbing or re-emitting infrared
radiation, including CO2, CH4, N2O, HFCs, PFCs and SF6;
14. The term“non-motorized and carbon-free modes of transportation”means walking, bicycling, etc.;
15. The term“economical driving”means reducing the consumption of fuels or emission of greenhouse gases, etc. by improving the
means, habits, behaviors, etc. of operating modes of transportation.
The development of a sustainable transportation logistics system shall be promoted in accordance with basic principles falling under
the following subparagraphs:
1. Promoting a low-carbon transportation logistics system by reducing emission of greenhouse gases;
2. Promoting an environment-friendly transportation logistics system;
3. Promoting a transportation logistics system which saves energy and resources;
4. Improving the mobility, accessibility and safety of a transportation logistics system;
5. Securing a balance between modes of transportation, classes and regions;
6. Effectively connecting the use of land and a transportation logistics system.
(1) The State and local governments shall formulate and implement comprehensive policies necessary for the development of a sustainable
transportation logistics system. \
(2) The State and local governments shall endeavor to take budgetary measures, in an effort to fulfill obligations under paragraph
(1).
Transportation logistics operators shall actively take part in and cooperate in policies implemented by the State and local governments, for development of a sustainable transportation logistics system.
(1) All nationals shall have a right to comfortably and conveniently enjoy the benefits of a transportation logistics system as members
of society.
(2) All nationals shall strive for development of a sustainable transportation logistics system in their daily lives, such as minimizing
environmental deterioration caused by activities related to transportation logistics and saving energy.
(3) All nationals shall recognize the importance of a sustainable transportation logistics system, and cooperate in the State and
local governments’policies on sustainable transportation logistics, aimed at developing a sustainable transportation logistics
system.
CHAPTER Ⅱ BASIC PLANS, ETC. FOR DEVELOPMENT OF SUSTAINABLE NATIONAL TRANSPORTATION LOGISTICS
Transportation Logistics)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate a basic plan (hereinafter referred to as“basic plan”)
for development of sustainable national transportation logistics for a term of 10 years, so as to promote the development of a
sustainable transportation logistics system.
(2) Basic plans shall include the following matters:
1. The actual conditions of and outlook of energy consumption, emission of greenhouse gases, etc. related to transportation logistics;
2. Basic directions and objectives of a policy on sustainable transportation logistics;
3. Measures for the development of a sustainable transportation logistics system, including popularization of mass transportation,
development of environment-friendly transportation logistics facilities and promotion of modal shift;
4. Measures for securing financial resources necessary for promoting basic plans;
5. Other matters prescribed by Presidential Decree for the development of a sustainable transportation logistics system.
(3) The Minister of Land, Transport and Maritime Affairs may request the heads of the relevant central administrative agencies, the
Special Metropolitan City Mayor, the Metropolitan City Mayor, the Do Governor, the Governor of a Special Self-Governing Province
(hereinafter referred to as the“Mayor/Do Governor”) and transportation
logistics operators to submit data, so as to collect basic data necessary for formulation of basic plans.
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to formulate basic plans, draw up the framework
of basic plans, hold consultations with the heads of the relevant central administrative agencies and the Mayor/Do Governor and
undergo deliberation by the National Transportation Committee under Article 106 of the National Transport System Efficiency Act.
(5) The Minister of Land, Transport and Maritime Affairs shall, when he/she formulates basic plans under paragraph (4), publicly
notify such plans, as prescribed by Presidential Decree, and inform the heads of the relevant central administrative agencies and
Mayor/Do Governor of such plans. In such cases, the Mayor/Do Governor shall send the basic plans to the head of a Si (including the
head of an administrative city under Article
17 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International
City; hereinafter the same shall apply)/Gun/Gu (referring to the head of an autonomous Gu hereinafter the same shall apply) under
jurisdiction to make such plans available for the general public.
(6) The provisions of paragraphs (4) and (5) shall apply mutatis mutandis to modifications of basic plans: Provided, That this shall
not apply to modifications of minor matters prescribed by Presidential Decree.
Plans)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate and implement annual implementation plans for executing
basic plans each year.
(2) Necessary matters concerning formulation, revision and execution of annual implementation plans under paragraph (1) shall be
prescribed by Presidential Decree.
Transportation Logistics)
(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun (excluding the head of a Gun in a Metropolitan
City; hereinafter the same shall apply) shall formulate a plan (hereinafter referred to as“local plan”) for the development of
sustainable local transportation logistics for a term of 10 years, after listening to opinions of residents and the relevant experts,
as prescribed by Presidential Decree, in an effort to promote the development of a sustainable transportation logistics system in
regions under jurisdiction, in accordance with basic plans: Provided, That when the Special Metropolitan City Mayor, the Metropolitan
City Mayor or the head of a Si/Gun have formulated other plans on transportation, reflecting matters related to local plans, they
are not required to separately formulate the relevant local plans after obtaining approval from the Minister of Land, Transport and
Maritime Affairs.
(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall, when he/she intends to formulate
local plans, consult with the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun in adjacent
regions in advance.
(3) The Special Metropolitan City Mayor or the Metropolitan City Mayor shall, when he/she intends to formulate local plans, undergo
deliberation by the Local Traffic Policy Deliberation Committee (hereinafter referred to as the“Local Traffic Policy Deliberation
Committee”) under Article 50 (1) of the Urban Traffic Improvement Promotion Act.
(4) When the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun formulates local plans under paragraph
(1), the Special Metropolitan City Mayor or the Metropolitan City Mayor shall submit such plans to the Minister of Land, Transport
and Maritime Affairs, and the head of a Si/Gun shall submit such plans to the Do Governor (including the Governor of a Special Self-Governing
Province; hereinafter the same shall apply), as prescribed by Presidential Decree, before the local plans are finalized.
(5) The Minister of Land, Transport and Maritime Affairs or Do Governor shall, when he/she has received local plans under paragraph
(4), examine whether local plans are in accordance with basic plans, and may request the Special Metropolitan City Mayor, the Metropolitan
City Mayor or the head of a Si/Gun to revise the local plans, after deliberation by the National Transportation Committee or the
Local Traffic Policy Deliberation Committee, in cases where local plans include matters not in accordance with basic plans, or
some matters are needed to be included in plans in order to maintain the connection and integration between local plans.
(6) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall, when he/she has received requests
under paragraph (5), finalize and publicly notify local plans reflecting such requests for revisions, and make such plans available
for the general public, unless any extraordinary ground exists to the contrary.
Plans)
(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a
Si/Gun shall formulate annual implementation plans for executing local plans each year. (2) Necessary matters concerning formulation,
revision and execution of annual
implementation plans under paragraph (1) shall be prescribed by Presidential Decree.
(1) The State and local governments shall take into account the details of basic plans and local plans, when they formulate plans
on the use of land or transportation logistics under the relevant Acts and subordinate statutes.
(2) The State and local governments shall take into account the sustainability of a transportation logistics system in basic plans
and local plans, when they grant permission, etc. for projects concerning transportation logistics or the use of land, promoted
under the relevant Acts and subordinate statutes.
(3) Basic plans and local plans shall be consistent with a national basic strategy or local basic strategy under the Framework Act
on Sustainable Development.
Logistics Zones)
(1) The Minister of Land, Transport and Maritime Affairs shall classify and designate the whole country as transportation logistics
zones (hereinafter referred to as“transportation logistics zones”) falling under the following subparagraphs so as to efficiently
build and manage a sustainable logistics system:
1. Key transportation logistics zone: Any area within a distance prescribed by Presidential Decree, designated and publicly notified
by the Minister of Land, Transport and Maritime Affairs, from among the national transportation axis and its adjacent areas;
2. Urban transportation logistics zone: Any urban traffic improvement district (excluding any area designated and publicly notified
as a key transportation logistics zone under subparagraph 1), the size of which is not less than the size prescribed by Presidential
Decree, from among urban traffic improvement districts under Article 3 (1) of the Urban Traffic Improvement Promotion Act;
3. Local transportation logistics zone: Any area, excluding a key transportation logistics zone under subparagraph 1 and an urban
transportation logistics zone under subparagraph 2.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to designate a key transportation logistics zone
under paragraph (1) 1, undergo deliberation
by the National Transportation Committee, after consulting with the heads of the relevant central administrative agencies, the Special
Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun in advance.
The Minister of Land, Transport and Maritime Affairs shall establish a sustainable transportation logistics system and take measures necessary for efficiently managing such system for a key transportation logistics zone under Article 12 (1) 1, and the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall establish a sustainable transportation logistics system and take measures necessary for efficiently managing such system for an urban transportation logistics zone under Article 12 (1) 2 and a local transportation logistics zone under Article 12 (1) 3 in regions under jurisdiction.
(1) The Minister of Land, Transport and Maritime Affairs shall establish and publicly notify indicators (hereinafter referred to as“indicators
for managing sustainability”) or standards (hereinafter referred to as“standards for managing sustainability”) aimed
at measuring, evaluating or managing the sustainability of a transportation logistics system, for the development of a sustainable
transportation logistics system.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she establishes indicators for managing sustainability or
standards for managing sustainability, take into account emission of greenhouse gases caused by transportation logistics, the level
of traffic congestion, energy consumption, automobile traffic volumes, capacities of transportation facilities, transportation-sharing
structure and other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to establish the indicators for managing sustainability
or the standards for managing sustainability, undergo deliberation by the National Transportation Committee, after consulting with
the heads of the relevant central administrative agencies in advance.
(4) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun may establish separate standards for
managing sustainability, which are stricter than existing standards of managing sustainability, in accordance with Municipal Ordinance
(referring to Municipal Ordinance of the Special Self-Governing Province in cases of the head of an administrative city under Article
17 (2) of the Special Act on the
Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)
of the relevant local governments, when deemed necessary to do so, in consideration of the characteristics of regions.
(5) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall, when he/she has established
or revised standards for managing sustainability under paragraph (4), report the fact to the Minister of Land, Transport and Maritime
Affairs without delay.
(1) The Minister of Land, Transport and Maritime Affairs shall investigate and evaluate the sustainability of each transportation
logistics system on a regular basis, as prescribed by Presidential Decree, in order to formulate and implement policies for the development
of each sustainable transportation logistics system in a reasonable manner.
(2) The Minister of Land, Transport and Maritime Affairs shall establish and operate databases, for systematic collection, analysis
and provision of data used for investigation and evaluation under paragraph (1).
CHAPTER Ⅲ ROMOTION OF CONVERSION TO SUSTAINABLE TRANSPORTATION LOGISTICS SYSTEM
(1) The State and local governments shall take measures necessary for reducing emission of greenhouse gases by converting or adjusting
transportation logistics systems, in order to implement the United Nations Framework Convention on Climate Change.
(2) The Minister of Land, Transport and Maritime Affairs shall develop a coefficient (hereinafter referred to as“greenhouse gas
emissions coefficient) for calculating emission of greenhouse gases per unit of transportation logistics, in consultation with the
heads of the relevant central administrative agencies, draw up the relevant data and promote a policy for the development of sustainable
transportation logistics by utilizing such data.
(3) The Minister of Land, Transport and Maritime Affairs may jointly designate and operate a dedicated organization to be in charge
of a greenhouse gas emissions coefficient, in consultation with the heads of the relevant central administrative agencies, so as
to
efficiently develop a greenhouse gas emissions coefficient.
(4) Necessary matters concerning development, etc. of a greenhouse gas emissions coefficient under paragraphs (2) and (3) shall be
prescribed by Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs shall calculate and announce socioeconomic costs incurred by activities
related to transportation logistics each year.
(2) The State and local governments shall preferentially consider socioeconomic costs under paragraph (1) and take measures to reduce
such costs, when formulating, implementing and evaluating policies on transportation logistics.
(3) The kind of socioeconomic costs, details, methods and procedures of calculating costs under paragraph (1) and other necessary
matters shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(1) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun shall determine and manage total automobile traffic volumes on main roads, etc within a transportation logistics
zone under jurisdiction, as prescribed by Presidential Decree.
(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun may formulate a plan to reduce total
automobile traffic volumes within a transportation logistics zone under jurisdiction below total automobile traffic volumes under
paragraph (1) and conclude an agreement with the Minister of Land, Transport and Maritime Affairs. In such cases, the Minister of
Land, Transport and Maritime Affairs may provide administrative or financial support to ensure that the Special Metropolitan City
Mayor, the Metropolitan City Mayor or the head of a Si/Gun implement the agreement.
(3) Necessary matters concerning conclusion and implementation of agreements under paragraph (2) shall be prescribed by Presidential
Decree.
(1) The State and local governments shall determine and manage a transportation-sharing structure between modes of transportation
in a reasonable manner for the development of sustainable transportation logistics systems.
(2) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City
Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall establish
implementation goals for determining a transportation-sharing structure between modes of transportation, and take measures necessary
for implementation thereof, including popularization of mass transportation, promotion of modal shift and provision of economic incentives.
(1) The State and local governments shall take environment-friendly and effective transportation measures for large and heavy freight
prescribed by Presidential Decree.
(2) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun may request transportation logistics operators to comply with the following measures, in order to establish measures
for environment-friendly and effective transportation of large and heavy freights:
1. Measures to designate and operate alternative modes of transportation;
2. Measures to designate and use alternative or detouring routes;
3. Other measures prescribed by Presidential Decree for environment-friendly and effective transportation.
(1) The State and local governments shall take measures to establish transfer or transshipment facilities and equipment, so as to
promote modal shift.
(2) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun may recommend operators and users of transportation logistics and consignors to shift to effective modes of transportation.
(3) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun may conclude agreements on modal shift with operators and users of transportation logistics and consignors, and
provide subsidies for them within a budget.
(4) Necessary matters concerning the standards and procedures for support, including conclusion of agreements on modal shift and
subsidies under paragraph (3) shall be prescribed by Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs may formulate and implement measures for modal shift, or request the competent
Special Metropolitan City Mayor, the
Metropolitan City Mayor or the head of a Si/Gun to formulate and implement measures for modal shift in regions where the development
of sustainable transportation logistics systems are undermined or are likely to be undermined.
(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall, upon receiving requests under
paragraph (1), formulate measures for modal shift, as prescribed by Presidential Decree, and submit such measures to the Minister
of Land, Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun may request transportation logistics operators to take the following measures, in accordance with measures for
modal shift under paragraphs (1) and (2):
1. Addition of modes of transportation, the higher frequency of operating modes of transportation and adjustment of routes;
2. Designation of alternative routes and transportation through alternative routes;
3. Other measures prescribed by Presidential Decree for modal shift.
(1) The State and local governments shall consider the following measures for supporting and promoting the utilization of mass transportation
preferentially, when formulating plans related to transportation or implementing development projects:
1. Formulating the objective of transportation-sharing of modes of transportation;
2. Preferential passage of mass modes of transportation under Article 10 of the Act on the
Support and Promotion of Utilization of Mass Transit System Act;
3. Financial aid for supporting mass transportation under Article 12 of the Act on the
Support and Promotion of Utilization of Mass Transit System Act;
4. Other measures prescribed by Presidential Decree for supporting and promoting the utilization of mass transportation.
(2) Operators of mass modes of transportation under subparagraph 4 of Article 2 of the Act on the Support and Promotion of Utilization
of Mass Transit System Act shall cooperate in mass transportation policies of the State and local governments, and endeavor to improve
services to help citizens comfortably and safely use mass transportation.
Operators)
(1) The Minister of Land, Transport and Maritime Affairs may select and reward
transportation logistics operators (hereinafter referred to as“exemplary transportation logistics operators ”) who have contributed
to the development of sustainable transportation logistics by actively promoting reduction of greenhouse gas emissions, and formulate
other supportive policies for exemplary transportation logistics operators.
(2) Necessary matters concerning methods and procedures for selecting exemplary transportation logistics operators and supportive
policies for exemplary transportation logistics operators shall be determined by Ordinance of the Ministry of Land, Transport and
Maritime Affairs.
(1) The Minister of Land, Transport and Maritime Affairs may adjust fees for transportation logistics in regions, where a sustainable
transportation logistics system is or is likely to be undermined by unreasonable fees for transportation logistics, and request
the competent Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun to adjust fees for transportation
logistics.
(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun, upon receiving requests under paragraph
(1), shall formulate an implementation plan, as prescribed by Presidential Decree, and submit such plan to the Minister of Land,
Transport and Maritime Affairs.
(3) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun may advise transportation logistics operators (including transportation logistics operators operating modes of
transportation that pass the relevant transportation logistics zones) who operate modes of transportation or manage and control
transportation logistics facilities within transportation logistics zones, where a sustainable transportation logistics system is
or is likely to be undermined by unreasonable fees for transportation logistics, to adjust fees for transportation logistics.
Facilities)
(1) The State and local governments shall take into account all the circumstances, when executing projects for establishing, expanding
or maintaining transportation logistics facilities (hereinafter referred to as“projects for developing transportation logistics
facilities”), to help minimize their negative impacts on the environment.
(2) The State and local governments shall take into account environmental costs and benefits
incurred by the relevant projects, when evaluating the validity of projects for developing transportation logistics facilities.
(3) The Minister of Land, Transport and Maritime Affairs shall establish and publicly notify guidelines on the development of environment-friendly
transportation logistics facilities, as prescribed by Presidential Decree, so as to promote projects for developing environment-friendly
transportation logistics facilities.
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to establish guidelines on the development of
environment-friendly transportation logistics facilities under paragraph (3), consult with the heads of the relevant central administrative
agencies in advance.
(5) When the heads of public institutions intend to promote projects for developing transportation logistics facilities, they shall
comply with guidelines on the development of environment-friendly transportation logistics facilities under paragraph (3).
Technology)
The State and local governments shall promote and support projects for developing environment-friendly transportation technology pursuant to relevant Acts, so as to promote the development of a sustainable transportation logistics system.
Transportation)
The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head
of a Si/Gun shall take the following measures to expand the operation of environment-friendly modes of transportation, in consultation
with the heads of the relevant central administrative agencies, when deemed necessary for preventing global warming caused by greenhouse
gases, etc. and creating comfortable transportation logistics conditions:
1. Support for environment-friendly modes of transportation, including the reduction, etc. of fees for transportation logistics;
2. Preferential treatments in granting authorization or permission for projects related to transportation logistics for purchasers
of environment-friendly modes of transportation;
3. Other measures prescribed by Presidential Decree, for expanding operation of environment-friendly modes of transportation.
(1) The Minister of Land, Transport and Maritime Affairs or the heads of local governments shall preferentially reflect the following
matters, so as to promote the development of a sustainable transportation logistics system, such as controlling a transportation
demand, when formulating urban planning under subparagraph 2 of Article 2 of the National Land Planning and Utilization Act or promoting
urban planning projects under subparagraph
11 of the same Article:
1. Promotion of mixed-use development of residential, business, public or commercial facilities and arrangement of such facilities
in a living zone, to reduce a traffic distance in a city;
2. Systematic expansion and use of non-motorized and carbon-free modes of transportation and mass transportation facilities, so
as to expand environment-friendly transportation logistics facilities;
3. Prevention of disorderly urban sprawl to reduce consumption, etc. of transportation energy;
4. Reorganization into an urban structure aimed at a sustainable transportation logistics system.
(2) The Minister of Land, Transport and Maritime Affairs shall formulate and publicly notify guidelines on building a city aimed at
a sustainable transportation logistics system, including the following matters, so as to create urban conditions for a sustainable
transportation logistics system:
1. Basic direction for and objectives of a sustainable transportation logistics system:
2. Indicators for managing sustainability;
3. Selection standards for and support of regions where a sustainable transportation logistics system is to be established;
4. Transportation demand management, such as controlling, etc. the use of passenger cars;
5. Creation of urban conditions focused on pedestrians, bicycles and mass transportation;
6. Arrangement and development of major facilities for building a sustainable transportation logistics system;
7. Other matters prescribed by Presidential Decree.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to formulate guidelines on building a city aimed
at a sustainable transportation logistics system under paragraph (2), consult with the heads of the relevant central administrative
agencies in advance.
(4) Any person who intends to formulate urban planning under subparagraph 2 of Article 2 of the National Land Planning and Utilization
Act or promotes an urban planning project under subparagraph 11 of the same Article shall, when he/she establishes or revises urban
planning or promotes an urban planning project, comply with guidelines on building a city aimed at a sustainable transportation
logistics system under paragraph (2).
(1) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun may restrict the use of automobiles in special areas for countermeasures designated under Article 41 (1), in
consideration of automobile traffic volumes, emission of greenhouse gases or the level of traffic congestion.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to restrict the use of automobiles under paragraph
(1), undergo deliberation by the National Transportation Committee after holding consultations with the heads of the relevant administrative
agencies.
(3) The provisions of paragraph (1) shall not apply to cases where the use of automobiles is restricted under other Acts and subordinate
statutes.
(4) Necessary matters concerning procedures and methods, etc. for restricting the use of automobiles, except as otherwise prescribed
in paragraphs (1) through (3), shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
CHAPTER Ⅳ ENCOURAGING WIDER USE OF
NON-MOTORIZED AND CARBON-FREE MODELS OF TRANSPORTATION
Non-Motorized and Carbon-Free Modes of Transportation)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate comprehensive plans for encouraging wider use of non-motorized
and carbon-free modes of transportation (hereinafter referred to as“comprehensive plans”) for a term of five years, in order
to reduce greenhouse gas emissions from modes of transportation using power, including automobiles, etc. and shift to an environment-friendly
and energy-saving transportation logistics system by increasing the transport share of non-motorized and
carbon-free modes of transportation.
(2) Comprehensive plans shall include the following matters:
1. Analysis of and outlook for non-motorized and carbon-free modes of transportation;
2. Basic direction for and objectives of non-motorized and carbon-free transportation policies;
3. Measures to increase the transport share of non-motorized and carbon-free modes of transportation;
4. Measures to develop non-motorized and carbon-free transportation systems and promote the use thereof;
5. Measures to secure financial resources necessary for promoting comprehensive plans;
6. Other matters prescribed by Presidential Decree to encourage the wider use of non- motorized and carbon-free modes of transportation.
(3) The Minister of Land, Transport and Maritime Affairs may request the heads of the relevant central administrative agencies or
a Mayor/Do Governor to submit blueprints for each jurisdiction, necessary for formulating comprehensive plans.
(4) The heads of the relevant central administrative agencies or a Mayor/Do Governor, upon receiving requests under paragraph (3),
shall comply with such requests unless any justifiable ground exists to the contrary.
(5) The Minister of Land, Transport and Maritime Affairs shall formulate comprehensive blueprints based on blueprints for each jurisdiction
submitted under paragraph (3), hold consultations with the heads of the relevant central administrative agencies and finalize comprehensive
plans after deliberation by the National Transportation Committee.
(6) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to revise comprehensive plans finalized under
paragraph (5), undergo deliberation by the National Transportation Committee, after consultations with the heads of the relevant
administrative agencies: Provided, That this shall not apply to cases where minor matters prescribed by Presidential Decree are revised.
(7) The Minister of Land, Transport and Maritime Affairs shall, when comprehensive plans are finalized or revised, notify the heads
of the relevant administrative agencies of the fact and make public notification thereof.
Comprehensive Plans)
(1) The Minister of Land, Transport and Maritime Affairs shall formulate annual implementation plans each year, as prescribed by
Presidential Decree, so as to execute comprehensive plans.
(2) The provisions of Article 31 (3) and (4) shall apply mutatis mutandis to requests, etc. for submission of data necessary for formulating
or revising annual implementation plans under paragraph (1).
Modes of Transportation)
The State and local governments shall promote and support projects for developing non- motorized and carbon-free modes of transportation under the relevant Acts, so as to promote the development of non-motorized and carbon-free modes of transportation.
Transportation)
(1) The Minister of Land, Transport and Maritime Affairs or a Mayor/Do Governor shall, when promoting projects for developing railway
stations, bus terminals, harbors, airports, etc. prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs,
secure facilities for connecting modes of transportation, transfer facilities or transshipment facilities, so as to minimize inconvenience
in using non-motorized and carbon-free modes of transportation.
(2) The Minister of Land, Transport and Maritime Affairs or a Mayor/Do Governor shall check whether facilities for connecting modes
of transportation under paragraph (1) are secured, when granting authorization or approval of projects for developing railway stations,
bus terminals, harbors, airports, etc. prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(3) Standards for installing facilities for connecting modes of transportation, etc. under paragraphs (1) and (2) shall be publicly
notified by the Minister of Land, Transport and Maritime Affairs, after consultations with the relevant administrative agencies.
(1) The State and local governments shall formulate and promote policies to encourage
pedestrian traffic as a non-motorized and carbon-free transportation mode aimed at reducing automobile traffic volumes and emission
of greenhouse gases.
(2) The State and local governments shall, when establishing facilities influencing pedestrian traffic or promoting policies on pedestrian
traffic, comprehensively take into account the convenience of mobility and accessibility for pedestrians, or the comfort and fine
views of a pedestrian environment.
(1) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun shall conduct a survey on the actual state of pedestrian traffic, such as pedestrian population or changes in pedestrian
conditions, etc. so as to improve pedestrian traffic every five years.
(2) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall establish indicators for improvements
in pedestrian traffic by area or region, on the basis of a survey under paragraph (1) every five years.
(3) The Minister of Land, Transport and Maritime Affairs shall prepare, publicize and distribute comprehensive indicators to improve
pedestrian traffic, by integrating improvement indicators under paragraph (2).
(4) The Minister of Land, Transport and Maritime Affairs may establish guidelines necessary for efficiently and systematically promoting
the establishment of improvement indicators under paragraph (2), and provide such guidelines to the heads of the relevant administrative
agencies.
(5) Matters necessary for establishing indicators for improvements in pedestrian traffic under paragraphs (2) and (3) shall be prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs or Muncipal Ordinance, respectively.
(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall formulate plans for improving
pedestrian traffic (hereinafter referred to as “ improvement plans”), as prescribed by Presidential Decree, and the Special
Metropolitan City Mayor or the Metropolitan City Mayor shall obtain approval from the Minister of Land, Transport and Maritime Affairs,
and the head of a Si/Gun shall obtain approval from the Governor of a Special Self-Governing Province.
(2) Improvement plans shall include the following matters:
1. Basic direction for improving pedestrian traffic;
2. Objectives of transportation sharing of pedestrian traffic;
3. Analysis of and outlook for pedestrian traffic;
4. Measures to improve pedestrian traffic;
5. Other matters necessary for improving pedestrian traffic.
(1) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun may appoint transportation experts,
members of relevant corporations or organizations and citizens as pedestrian traffic whatchdog, for suggestions or instructions
for improving pedestrian traffic in regions under their jurisdiction.
(2) Necessary matters, such as qualifications for keepers of pedestrian traffic, methods of appointment, scope of activities, etc.
under paragraph (1) shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
(1) The State may designate days for pedestrians and hold necessary events, so as to raise the national awareness of the importance
of improving pedestrian transportation.
(2) Necessary matters, such as details and periods of events held to be on days for pedestrians under paragraph (1), shall be prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
CHAPTER Ⅴ DESIGNATION AND MANAGEMENT OF SPECIAL AREAS FOR COUNTERMEASURES
(1) The Minister of Land, Transport and Maritime Affairs shall designate the whole or part of the relevant transportation logistics
zones as special ares for countermeasures (hereinafter referred to as“special ares for countermeasures”) for improving indicators
for managing sustainability, when indicators for managing sustainability in transportation logistics zones meet requirements prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs, such as frequent failures to satisfy the standards for managing
sustainability, and therefore it is deemed difficult to maintain a sustainable transportation logistics system at an appropriate
level.
(2) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to
designate special ares for countermeasures, hold consultations with the heads of the relevant central administrative agencies, the
competent Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun and undergo deliberation by the National
Transportation Committee. This shall also apply to cases where he/she intends to revise designated special ares for countermeasures
(excluding revisions to minor matters prescribed by Presidential Decree).
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to designate or revise special ares for countermeasures
under paragraphs (1) and (2), listen to the opinions of residents or relevant experts, as prescribed by Presidential Decree: Provided,
That this shall not apply to cases where minor matters prescribed by Presidential Decree are revised.
(4) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to designate or revises special ares for countermeasures
under paragraphs (1) and (2), publicly notify location and size of regions, date and purposes of designation or other matters prescribed
by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Measures)
(1) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun shall formulate and implement special comprehensive measures (hereinafter referred to as“ special comprehensive
measures”) for satisfying indicators for managing sustainability for special areas for countermeasures under their jurisdiction.
(2) Special comprehensive measures shall include the following matters:
1. Basic direction for special comprehensive measures;
2. Implementation goals of indicators for managing sustainability;
3. Measures to manage total automobile traffic volumes under Article 18;
4. Measures to improve transportation-sharing structures between modes of transportation under Article 19;
5. Measures for transportation of large and heavy freight under Article 20;
6. Measures for modal shift under Article 22;
7. Measures for supporting and promoting the use of mass transportation under Article
23;
8. Adjustment of fees for transportation logistics under Article 25;
9. Measures for securing financial resources to promote special comprehensive measures;
10. Other matters prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs, for formulation and implementation
of special comprehensive measures.
(3) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to formulate special comprehensive measures under
paragraph (1), undergo deliberation by the National Transportation Committee, after consultations with the heads of the relevant
central administrative agencies, the competent Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun.
This shall also apply to cases where he/she intends to revise special comprehensive measures (excluding revisions to minor matters
prescribed by Presidential Decree).
(4) The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall, when he/she intends to formulate
special comprehensive measures under paragraph (1), obtain approval from the Minister of Land, Transport and Maritime Affairs,
after consultations with the related Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun.
(5) The Minister of Land, Transport and Maritime Affairs shall, when he/she intends to approve special comprehensive measures under
paragraph (4), consult with the heads of the relevant central administrative agencies, and when he/she has approved special comprehensive
measures, he/she may notify the heads of the relevant central administrative agencies of the special comprehensive measures and
request them to take necessary steps. In such cases, the heads of the relevant central administrative agencies shall comply with
such requests, unless any justifiable ground exists to the contrary.
(6) When the Minister of Land, Transport and Maritime Affairs has formulated special comprehensive measures, or the Special Metropolitan
City Mayor, the Metropolitan City Mayor or the head of a Si/Gun has obtained approval from the Minister of Land, Transport and Maritime
Affairs after formulating special comprehensive measures, he/she shall publicly notify the fact, as prescribed by Presidential Decree,
and notify the relevant administrative agencies thereof.
Countermeasures)
(1) The Minister of Land, Transport and Maritime Affairs, the Special Metropolitan City Mayor, the Metropolitan City Mayor or the
head of a Si/Gun shall take the following measures, for transportation demand management, etc. in special areas for
countermeasures:
1. Collection and imposition of congestion fees under Article 35 of the Urban Traffic
Improvement Promotion Act;
2. Collection and imposition of traffic congestion charges under Article 36 of the Urban
Traffic Improvement Promotion Act;
3. Implementation of Projects for Intelligent Transportation System under Article 77 of the National Transport System Efficiency Act;
4. Measures for a preferential passage of modes of mass transportation under Article 10 of the Act on the Support and Promotion of
Utilization of Mass Transit System Act.
(2) Necessary matters, such as methods, procedures, etc. for promoting measures for transportation demand management under paragraph
(1), shall be determined by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
Measures)
The Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun shall report outcomes of implementing special comprehensive measures to the Minister of Land, Transport and Maritime Affairs, as prescribed by Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs shall revoke designation of special areas for countermeasures, when indicators
for managing sustainability have been satisfied due to the formulation and implementation of special comprehensive measures for
special areas for countermeasures, or the purpose of designating special areas for countermeasures has became irrelevant due to
natural disasters or other grounds.
(2) The provisions of Article 41 (2) and (4) shall apply mutatis mutandis to revoking designation of special areas for countermeasures
under paragraph (1).
CHAPTER Ⅵ SUPPLEMENTARY PROVISIONS
(1) The Minister of Land, Transport and Maritime Affairs may provide educational training to transportation logistics operators, etc.
when necessary for shifting into a sustainable transportation logistics system, such as reduction, etc. of emission of greenhouse
gases.
(2) The Minister of Land, Transport and Maritime Affairs may designate graduate schools or graduate school universities or colleges,
which meet the standards prescribed by Presidential Decree, among graduate schools under Article 29 of the Higher Education Act
and graduate school universities or colleges under Article 30 of the same Act, as graduate schools specialized in low-carbon green
transportation logistics, so as to foster human resources specialized in sustainable transportation logistics.
(3) The Minister of Land, Transport and Maritime Affairs may provide support necessary for operating graduate schools specialized
in low-carbon green transportation logistics designated under paragraph (2).
(4) Necessary matters concerning persons subject to educational training, details of educational training under paragraph (1) and
designation, support, etc. of graduate schools specialized in low-carbon green transportation logistics under paragraphs (2) and
(3) shall be prescribed by Presidential Decree.
(1) The Minister of Land, Transport and Maritime Affairs shall formulate policies to promote international cooperation between the
Government, enterprises, universities, research institutes, other institutions, organizations, etc. of the Republic of Korea and
the international organizations or foreign governments, enterprises, universities, research institutes, other institutions, organizations,
etc. in the area of sustainable transportation logistics, including policies on environment-friendly transportation logistics, etc.
(2) The Minister of Land, Transport and Maritime Affairs may promote the following projects, so as to promote international cooperation
under paragraph (1):
1. Survey and research for international cooperation in the area of sustainable transportation logistics;
2. International exchanges of human resources and information in the area of sustainable transportation logistics;
3. Opening of exhibitions and seminars in the area of sustainable transportation logistics;
4. Collection, analysis and distribution of information on the international regulations on greenhouse gas emissions, etc. in the
area of transportation logistics;
5. Other projects deemed necessary for promoting international cooperation.
(1) The State and local governments shall develop and distribute educational programs on economical driving and promote various public
relations, so as to reduce fuel
consumption in the area of transportation and emission of greenhouse gases.
(2) The Minister of Land, Transport and Maritime Affairs may designate educational centers for economical driving, as prescribed by
Presidential Decree, so as to facilitate the education and public relations of economic driving.
(3) Necessary matters concerning standards, procedures, methods, etc. for designating educational centers for economical driving
shall be prescribed by Ordinance of the Ministry of Land, Transport and Maritime Affairs.
the Low-Carbon Green Transportation Logistics Promotion Association (hereinafter referred to as the“Association”), for survey,
research, technology development, education, public relations, etc. of low-carbon green transportation logistics.
(2) The Association shall be a juristic person.
(3) Costs incurred in implementing projects of the Association may be covered by membership fees paid by members, including transportation
logistics operators, and proceeds from projects, and the State and local governments may partially subsidize the costs within a
budget.
(4) Necessary matters concerning the tasks, bylaws, etc. of the Association shall be prescribed by Presidential Decree.
(5) The provisions of an incorporated association in the Civil Act shall apply mutatis mutandis to the Association, except as otherwise
prescribed in this Act.
System)
(1) The State may wholly or partially subsidize or finance necessary costs within a budget, when financial support is deemed necessary,
in cases where local governments or transportation logistics operators implement any of the following projects:
1. Implementation of special comprehensive measures;
2. Management of total automobile traffic volumes in accordance with voluntary agreements under Article 18;
3. Projects for improving the transportation-sharing structure between modes of transportation under Article 19;
4. Support for establishing transfer or transshipment facilities and equipment for
promotion of modal shift under Article 21;
5. Other projects prescribed by Presidential Decree for the development of a sustainable transportation logistics system.
(2) The State may provide tax support to transportation logistics operators who take part in projects, etc. for improving a sustainable
transportation logistics system, and developers or purchasers of environment-friendly modes of transportation in accordance with
tax laws.
(1) The authority of the Minister of Land, Transport and Maritime Affairs under this Act may be delegated, in part, to the Mayor/Do
Governor, as prescribed by Presidential Decree.
(2) Some of the tasks of the Minister of Land, Transport and Maritime Affairs under this Act may be entrusted to public investment
institutions and government-invested institutions or the relevant corporations or organizations, as prescribed by Presidential Decree.
(1) Any person who violates restrictions on the use of automobiles under Article 30 (1) shall be punished by fines for negligence
not exceeding three million won.
(2) Fines for negligence under paragraph (1) shall be imposed and collected by the Minister of Land, Transport and Maritime Affairs,
the Special Metropolitan City Mayor, the Metropolitan City Mayor or the head of a Si/Gun, as prescribed by Presidential Decree.
ADDENDA <Act No. 9777, Jun. 9, 2009>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) Omitted.
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