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Laws of the Republic of Korea |
[Effective on Dec 10, 2009] [Act No. 9775, Jun 9, 2009, Partial Amendment] Ministry of Land, Transport, and Maritime Affairs (Metropolitan Traffic Division) 02- 2110-6420
CHAPTER I GENERAL PROVISIONS
[Effective date: Dec 10, 2009]
Article 1 (Purpose)
The purpose of this Act is to ensure smooth traffic and promote traffic convenience in urban areas by promoting the improvement of traffic facilities and by efficiently operating and managing traffic means and systems. [This Article Wholly Amended by Act No. 9071, Mar. 28, 2008] [Effective date: Dec 10, 2009]
Article 2 (Definitions)
For the purpose of this Act, the definitions of terms shall be as follows:
1. The term "traffic means" means buses, trains, (including urban railroad trains), and other transport means as prescribed by Presidential Decree, which are used to transport people or goods from one place to another;
2. The term "traffic facilities" means the roads, parking lots, bus terminals, cargo terminals, railroads, urban railroads, airports, harbors, and transit facilities, etc. necessary to operate the traffic means;
3. The term "transit facilities" means facilities installed to perform multiple functions at railroad stations, urban railroad stations, depots, bus terminals, cargo terminals, etc. for the purpose of providing the users of certain traffic means with convenience in using other traffic means;
4. The term "traffic system management" means any act performed to maximize the efficiency of traffic facilities;
5. The term "traffic impact analysis and improvement measures" means the survey, anticipation, and analysis of change in traffic volume and traffic flow and impact on traffic safety, (hereinafter referred to as "traffic impact"), due to the implementation of the project concerned, and the measures established to minimize various problems related thereto;
6. The term "facilities" means buildings under Subparagraph 2 of Article 2 (1) of the Building Act and other structures as prescribed by Presidential Decree, which include golf ranges, outdoor viewing facilities, etc.;
7. The term "management of traffic demand" means reducing the traffic of automobiles, a major cause of traffic congestion, dispersing or reducing the traffic volume by dispersing traffic types by time and space, or by encouraging a shift between traffic means with the aim of easing traffic congestion;
8. The term "traffic congestion charges" means an economic burden imposed on any motorist who drives on a road or in an area where traffic congestion is severe, in order to reduce the traffic congestion thereon and also encourage such motorists to change traffic means, routes, or times, etc.; and
9. The term "traffic generation charges" means an economic burden imposed on facilities that cause traffic congestion according to the principle of cost bearing by the person who creates the cause thereof.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008] [Effective date: Dec 10, 2009]
CHAPTER II URBAN TRAFFIC IMPROVEMENT PLAN
[Effective date: Dec 10, 2009]
Article 3 (Designation and Publication of Urban Traffic Improvement District) (1) The Minister of Land, Transport, and Maritime Affairs, (hereinafter referred to as the "Minister"), may designate and publish the districts falling under any of the following subparagraphs as urban traffic improvement districts to ensure smooth traffic and promote traffic convenience in urban areas:
1. Any city with a population of 100,000 or more, (referring to districts with a population of 100,000 or more, with the exclusion of districts of Eup/Myeon, in the case of any city with a combined city-farm form); and
2. Any district, other than the districts referred to in Subparagraph 1, which the Minister deems necessary to improve urban traffic therein with or without a request of the head of the city/Gun concerned.
(2) The Minister shall, where intending to designate a district under Subparagraph
2 of Paragraph (1) as an urban traffic improvement
district, undergo deliberations
of the National Traffic Committee under Article 106 of the National Integrated
Traffic System Efficiency
Act, (hereinafter referred to as the "Committee"), after
consulting with the Minister of Public Administration and Security thereon.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 4 (Designation and Publication of Traffic Zones)
(1) The Minister may designate and publish any traffic zone to make it
possible to
formulate a traffic-related plan connecting two or more neighboring urban traffic
improvement districts in the same
traffic life zones among urban traffic
improvement districts under Article 3 (1), (hereinafter referred to as "urban traffic
improvement
districts").
(2) The Minister shall, where intending to designate any traffic zones, undergo
deliberations of the Committee after consulting
with the Minister of Public
Administration and Security thereon.
Article 5 (Formulation of the Basic Plan for Improving Urban Traffic)
(1) The head of the city, (including the special metropolitan
city mayor, the
metropolitan city mayor, and the special self-governing Do governor; hereinafter
the same shall apply), or Gun
having jurisdiction over any administrative district
that is designated as an urban traffic improvement district under Article 3
shall
each formulate a 20-year basic plan for improving urban traffic, (hereinafter
referred to as the "basic plan"), as prescribed
by Presidential Decree.
(2) The basic plan shall include matters falling under any of the following
subparagraphs. In such cases,
consideration shall be given to the relationship with
other urban traffic improvement districts or adjacent districts in the traffic
zone:
1. Current state and future prospects of urban traffic;
2. Plan by field that includes matters of the following items:
(a) Measures for outbound and inbound traffic, and improvement of
traffic systems
such as roads, railroads, and urban railroads in metropolitan cities;
(b) Improvement of traffic facilities;
(c) Improvement of public transit systems;
(d) Improvement of traffic system management and traffic congestion;
(e) Construction and operation of parking lots;
(f) Expansion of facilities for bicycles; and
(g) Creation of an environmentally friendly traffic system; and
3. Plans for investment projects and ways to finance such projects.
(3) The head of the city or Gun shall comply with the basic urban
plan under
Article 19 of the National Land Planning and Utilization Act, (hereinafter referred
to as the "basic urban plan"), in
drawing up the basic plan under Paragraph (1) and,
with respect to roads, shall comply with the basic road improvement plan under
Article 22 of the Road Act, (hereinafter referred to as the "basic road improvement
plan"), in the event that such said plan is
in effect.
(4) The head of the city or Gun may request the head of the city or Gun concerned
in the traffic zone to furnish any materials necessary
to formulate the basic plan. In
such cases, the head of the city or Gun concerned shall, upon receiving such said
request, comply
with said request in the absence of special reasons not to do so.
(5) The head of the city or Gun shall, where intending to formulate
the basic plan,
consult with the management agency of the relevant traffic facilities and the head
of the city or Gun concerned
in the same traffic zone.
(6) Where the consultations under Paragraph (5) fail to lead to an agreement, in the
event that the district
subject to the basic plan is located in the administrative
district of the same Do, the Do governor having jurisdiction over the
district
concerned may mediate the disagreement ex officio and, in the event that the
district subject to the basic plan extends
over two or more Dos or between a Do
and the special metropolitan city or the metropolitan city, the Minister may mediate
the disagreement
ex officio, provided, however, that in the event that consultations
with respect to roads fail to lead to an agreement, Article
23 of the Road Act shall
apply mutatis mutandis thereto.
(7) The Minister shall, when mediating under Paragraph (6), consult in advance
with the Minister of Public Administration and Security
thereabout.
(8) The head of the city or Gun shall, where intending to formulate the basic plan,
hear the opinions of residents
and relevant experts with respect to the draft basic
plan after undergoing deliberations of the Local Urban Traffic Policy Deliberative
Committee under Article 32 (1), (hereinafter referred to as the "Local Urban Traffic
Policy Deliberative Committee"), and publication
procedures as prescribed by
Presidential Decree. The head of the city or Gun shall, in the event that the
opinions of such said
residents and relevant experts are deemed appropriate, reflect
such said opinions in drawing up the basic plan.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 6 (Determination of the Basic Plan)
(1) The head of the city or Gun shall, in the case of drawing up the basic plan
under Article 5, submit said basic plan to the Minister
or the Do governor as
prescribed by Presidential Decree.
(2) The Minister or the Do governor may, upon receiving the basic plan submitted
under Paragraph (1), present his/her opinions thereon
to the head of the city or Gun
concerned after undergoing deliberations of the Committee or the Local Urban
Traffic Policy Deliberative
Committee. In such cases, the Minister shall consult
with the heads of central administrative agencies concerned thereon.
(3) The head of the city or Gun shall, in the case of being presented with any
opinion under Paragraph (2), determine and publish
the basic plan after reflecting
such said opinions in drawing up the basic plan in the absence of special reasons
not to do so.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 6-2 (Relationship to Urban Basic Plans, etc.)
The head of the city or Gun shall, upon receiving a request of consultation
for
formulation or amendment of a basic urban plan or basic road improvement plan
from a person having authority to formulate such
a plan, promptly notify the
person having authority to formulate and approve the basic urban plan or basic
road improvement plan
of his/her opinions after undergoing deliberations by the
Local Urban Traffic Policy Deliberative Committee, (limited to cases in
which
such said committee is established at the agency concerned), and otherwise take
steps to ensure a connection between the
basic plan and the basic urban plan or
basic road improvement plan.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 7 (Change of the Basic Plan)
(1) The head of the city or Gun may change the basic plan in any cases falling
under any of the following subparagraphs, provided,
however, that the head of the
city or Gun shall change the basic plan in cases falling under Subparagraph 1:
1. Where a change in any basic urban plan or basic road improvement plan causes
a discrepancy with the basic plan; and
2. Where the traffic situation in the jurisdictional area has changed or where it is
necessary to change matters included in the
basic plan.
(2) Articles 5 (5) through (8) and Article 6 shall apply mutatis mutandis to the
change of the basic plan, provided,
however, that only Article 6 (1) shall apply
mutatis mutandis to the change of a basic plan due to changes in the basic urban
plan
or basic road improvement plan already formulated and to changes of minor
matters as prescribed by Presidential Decree.
(3) The Minister shall, upon receiving the basic plan changed under Article 6 (1)
applied mutatis mutandis under the provision of
Paragraph (2), inform the heads of
central administrative agencies concerned of such said changes.
[This Article Wholly Amended
by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 8 (Medium-Term Plan for Improving Urban Traffic)
(1) The head of the city or Gun shall, in the case of having formulated
the basic
plan, formulate a 10-year medium-term plan for improving urban traffic,
(hereinafter referred to as the "medium-term
plan"), by specifying the basic plan as
prescribed by Presidential Decree.
(2) The medium-term plan shall contain the matters falling under any of the
following subparagraphs:
1. Specific plan to implement a field-by-field plan of the basic plan;
2. Details of the investment project plan prescribed by the basic plan and a plan to
finance such projects; and
3. Other matters necessary to implement the basic plan.
(3) Articles 5 (3) through (8), 6 and 7 shall apply mutatis mutandis to the
formulation, determination, and change of the medium-term plan.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective
date: Dec 10, 2009]
Article 9 (Basic Survey)
(1) The head of the city or Gun may conduct a survey on those matters necessary
to formulate the basic plan and the medium-term
plan as prescribed by Presidential
Decree. In such cases, the survey shall be conducted in a manner so as not to
overlap with the
national traffic survey conducted under Article 9 of the Traffic
System Efficiency Act.
(2) The head of the city or Gun shall survey and analyze matters related to traffic,
and make a report on the findings thereof to
the Minister or the Do governor as
prescribed by Presidential Decree. In such cases, the Minister shall, upon receiving
such said
report, inform the Minister of Public Administration and Security of the
contents thereof.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 10 (Annual Implementation Plan)
(1) The head of the city or Gun shall formulate the annual implementation plan,
(hereinafter referred to as the "implementation
plan"), necessary to implement the
medium-term plan on a phased basis as prescribed by Presidential Decree, submit
such said implementation
plan to the Minister or Do governor, and promptly
publish such said implementation plan. In such cases, the Minister shall inform
the
Minister of Public Administration and Security of the contents thereof.
(2) The part of the implementation plan concerning
urban planning facilities
among the implementation plans shall comply with the phased execution plan
under Article 85 of the National
Land Planning and Utilization Act.
(3) The head of the city or Gun shall, when formulating the implementation plan,
take sufficient
account of the traffic impact analysis and improvement measures,
(including those reflected in the project plan, etc. under Article
20 (1) and (3)).
(4) Articles 5 (5) through (8) and 7 shall apply mutatis mutandis to the formulation
and change of the implementation
plan.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 11 (Relationship to Other Plans)
Where any plan falling under any of the following subparagraphs is formulated or
changed for an urban traffic improvement district,
efforts shall be made to
formulate or change such said plan to as to ensure it is in harmony with the basic
plan, the medium-term
plan, and the implementation plan:
1. Basic urban railroad plan under Article 3-2 of the Urban Railroad Act;
2. Basic urban plan; and
3. Basic road improvement plan.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 12 (Expropriation and Use)
(1) The head of the city or Gun may, where necessary to execute the
implementation plan, expropriate or use specific land, buildings,
other fixtures
attached to land, and rights other than ownership rights thereof in the urban traffic
improvement district under
his/her jurisdiction.
(2) The Act on the Acquisition of Land, etc. for Public Works and the
Compensation Therefor shall apply to the expropriation and
use under Paragraph
(1) except as specifically provided under this Act.
(3) When applying the Act on the Acquisition of Land, etc.
for Public Works and
the Compensation Therefor under Paragraph (2), the formulation of the
implementation plan shall be deemed
to be project authorization under Article 20
(1) of the same Act, the publication of the implementation plan shall be deemed to
be the publication under Article 22 (1) of the same Act, and the time limit for
requesting adjudication shall be, notwithstanding
Articles 23 (1) and 28 (1) of the
same Act, the last day of the implementation period as prescribed in the
implementation plan.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 13 (Order to Improve Urban Traffic)
(1) The Minister may, where necessary to improve urban traffic in any urban traffic
improvement district, order the special metropolitan
city mayor, the metropolitan
city mayor, the Do governor, or the special self-governing Do governor,
(hereinafter referred to as
the "Mayor/Do Governor"), having jurisdiction over
such said district, to implement measures falling under any of the following
subparagraphs:
1. Opening and altered operation of bus routes between two or more local
governments;
2. Implementation of a joint bus operation system;
3. Improvement of working conditions for employees of the traffic industry;
4. Installation and operation of bus terminals, cargo terminals, depots, and transit
facilities;
5. Implementation of a transit fare system among different traffic means;
6. Expansion or reduction of taxi business districts;
7. Expansion of traffic facilities, (limited to those traffic facilities under the
jurisdiction of the relevant Mayor/Do Governor);
8. Implementation of a traffic impact analysis and improvement measures
according to Article 15, (including those reflected in the
project plan, etc. under
Article 20 (1) and (3)), (limited to cases in which the Mayor/Do Governor
implements the project or is
the management agency of the traffic facilities); and
9. Other matters necessary for the smooth operation of traffic in urban areas.
(2) The Mayor/Do Governor shall, upon receiving an
order under Paragraph (1),
formulate the implementation plan, and submit such said implementation plan to
the Minister as prescribed
by Presidential Decree. In such cases, Article 5 (3) and
(5) shall be applied mutatis mutandis.
(3) The head of the city or Gun may, where necessary to improve the operation of
public transit, order the operator of public transit
means to implement measures
under each subparagraph of Paragraph (1). In such cases, in the event that contents
of such said order
are related to other administrative districts in the traffic zone
under Article 4, the head of the city or Gun shall consult with
the Do governor or
the head of the city/Gun having jurisdiction over such said traffic zone or the
management agency for relevant
traffic facilities, as prescribed by Presidential
Decree.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 14 (Legal Force on Successors to Orders)
Any order applied under Article 13 (3) shall have legal force against any person
who succeeds the relevant business.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
CHAPTER III Traffic Impact Analysis And Improvement Measures
[Effective date: Dec 10, 2009]
Article 15 (Object, Area, and Project Requiring Traffic Impact Analysis and
Improvement Measures)
(1) Any person, (including state and local government; hereinafter referred to as
the "business operator"), intending to implement
any project falling under any of
the following subparagraphs in an urban traffic improvement district or traffic zone
in an urban
traffic improvement district, (hereinafter referred to as the "project
concerned"), shall formulate a traffic impact analysis and
improvement measures:
1. Urban development;
2. Creation of industrial site and industrial complex;
3. Energy development;
4. Harbor construction;
5. Road construction;
6. Railroad (including urban railroad) construction;
7. Airport construction;
8. Tourist complex development;
9. Development of specific regions;
10. Sports facilities installation;
11. Construction, major repairs, remodeling, and change of use for buildings
prescribed by Presidential Decree from among buildings
under the Building Act;
and
12. Other projects as prescribed by Presidential Decree which are deemed likely to
affect traffic.
(2) Notwithstanding Paragraph (1), the traffic impact analysis and improvement
measures are not mandatory for any project falling
under any of the following
subparagraphs:
1. A project for emergency measures under Article 37 of the Basic Disaster and
Safety Management Act;
2. A project which the Minister of Defense has deemed necessary to protect
military secrets and implement urgent military operations,
and has consulted
thereon with the Minister; and
3. A project which the Director of the National Intelligence Service has deemed
necessary for national security and consulted thereon
with the Minister.
(3) Necessary matters such as the scope of the project requiring a traffic impact
analysis and improvement measures
under Paragraph (1), the scope of analysis,
and the specifics of measures shall be as prescribed by Presidential Decree.
(4) Where
necessary to formulate the traffic impact analysis and improvement
measures by considering local characteristics, etc., the special
metropolitan city,
metropolitan city, Do, or special self-governing Do, (hereinafter referred to as the
"City/Do"), may change
the project concerned or scope thereof by Municipal
Ordinance of the relevant City/Do within the extent allowed by Presidential
Decree,
even if they do not fall under the project concerned or scope thereof under
Paragraph (1) or (3) in the urban traffic improvement
district or the traffic zone in
an urban traffic improvement district.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 15 moved to Article 33
Article 16 (Submission, Review, etc. of the Traffic Impact Analysis and
Improvement Measures)
(1) Where the project concerned or project plan thereof, (hereinafter referred to as
the "project plan, etc."), requires approval,
authorization, permit, determination,
etc., (hereinafter referred to as "approval, etc."), a business operator shall submit
the
traffic impact analysis and improvement measures within the period as
prescribed by Presidential Decree to the head of agency in
charge of the approval,
etc., (hereinafter referred to as the "approval agency").
(2) Where the traffic impact analysis and improvement
measures are formulated in
nonconformity with detailed standards under Article 15 (3), the approval agency
may have such measures
complemented.
(3) Where necessary to review the traffic impact analysis and improvement
measures, the approval agency may hear opinions from relevant
specialized
institutions or experts.
(4) Where a review of the traffic impact analysis and improvement measures show
matters falling under any of the following subparagraphs,
(hereinafter referred to as
"matters requiring improvement"), the approval agency shall notify relevant
business operators, as
prescribed by Ordinance of the Ministry of Land, Transport,
and Maritime Affairs:
1. Matters requiring improvement of the traffic impact analysis and improvement
measures;
2. Coordination and complementing of the project concerned or project plan; and
3. Other measures necessary to minimize traffic impact due to implementation of
the project concerned.
(5) Notices under Paragraph (4) shall be made within three months from receipt of
the traffic impact analysis and improvement measures.
In such cases, the time
required for consultation with relevant agencies shall not be included.
[This Article Newly Inserted by
Act No. 9071, Mar. 28, 2008]
[Previous Article 16 moved to Article 34
Article 17 (Deliberation of Traffic Impact Analysis and Improvement Measures)
(1) When reviewing the traffic impact analysis and
improvement measures under
Article 16 (1), the approval agency shall undergo deliberations of the Traffic
Impact Analysis and Improvement
Measures Deliberative Committee belonging to
the approval agency under Article 19.
(2) Notwithstanding Paragraph (1), when reviewing the traffic impact analysis and
improvement measures for buildings under Subparagraph
11 of Article 15 (1),
which requires deliberation for building by the building committee under Article 4
of the Building Act, (hereinafter
referred to as the "building committee"), the
approval agency shall undergo deliberations of the building committee. In such
cases,
experts in the field of traffic, as provided for by Presidential Decree, shall
account for one fourth or more of the committee members
participating in said
deliberations.
(3) Where the approval agency is the head of the central administrative agency,
(including the head of a subordinate agency thereof),
or the Mayor/Do Governor
among the cases falling under any of the following subparagraphs, the approval
agency shall promptly request
deliberations of the traffic impact analysis and
improvement measures to the Traffic Impact Analysis and Improvement Measures
Deliberative
Committee under the Minister by attaching the grounds thereof. The
approval agency which is the head of a city/Gun/Gu, (including
the head of an
autonomous Gu; hereinafter the same shall apply), shall also do so to the Traffic
Impact Analysis and Improvement
Measures Deliberative Committee under the
Mayor/Do Governor:
1. Where the case meets the requirement of Presidential Decree, such as where the
project concerned extends over jurisdictional areas
of two or more approval
agencies or the scope of traffic impact, and regional scope requiring traffic impact
scope and improvement
measures, due to the project concerned exceeding the
jurisdictional area of the relevant approval agency;
2. Where the approval agency has the Traffic Impact Analysis and Improvement
Measures Deliberative Committee under the Minister or
Mayor/Do Governor
deliberate on such measures, by consulting in advance with the Minister or
Mayor/Do Governor; and
3. Where the Traffic Impact Analysis and Improvement Measures Deliberative
Committee has not been established within one month from
date deliberation was
requested or where the building committee fails to meet the requirements under the
latter part of Paragraph
(2).
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 17 moved to Article 35
Article 18 (Deliberation of Traffic Impact Analysis and Improvement Measures by
a Business Operator Not Requiring Approval, etc.)
(1) Any business operator not requiring approval, etc. may undergo deliberations of
the Traffic Impact Analysis and Improvement
Measures Deliberative Committee
belonging to such said business operator under Article 19, no later than the time as
provided by
Presidential Decree, concerning the traffic impact analysis and
improvement measures entrusted to a person vicariously formulating
the traffic
impact analysis and improvement measures under Article 25 (1).
(2) Notwithstanding Paragraph (1), where deemed necessary
for efficient
deliberations over the traffic impact analysis and improvement measures, any
business operator not requiring approval,
etc. may undergo deliberations of the
Traffic Impact Analysis and Improvement Measures Deliberative Committee as
prescribed under
any of the following subparagraphs:
1. Where any business operator is a local government or agency therein: Traffic
Impact Analysis and Improvement Measures Deliberative
Committee under the
Mayor/Do Governor; and
2. Where any business operator is a central administrative agency or agency
therein: Traffic Impact Analysis and Improvement Measures
Deliberative
Committee under the Minister.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 18 moved to Article 36
Article 19 (Establishing the Traffic Impact Analysis and Improvement Measures
Deliberative Committee)
(1) Any approval agency or business operator not requiring approval, etc. shall
establish a Traffic Impact Analysis and Improvement
Measures Deliberative
Committee under such an agency or operator in order to deliberate over the traffic
impact analysis and improvement
measures.
(2) Matters necessary for the composition and operation of the Traffic Impact
Analysis and Improvement Measures Deliberative Committee
shall be as
prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 19 moved to Article 37
Article 20 (Reflection, Confirmation, etc. of Matters Requiring Improvement)
(1) In the event of being notified of the matters requiring
improvement under
Article 16 (4), any business operator requiring approval, etc. shall submit the
project plan, etc. reflecting
the contents of notice to the approval agency.
(2) In the event of granting approval, etc. of the project plan, etc., an approval
agency shall confirm whether the matters requiring improvement, etc. are reflected.
(3) Any business operator not requiring approval,
etc. shall definitively decide on
the project plan, etc. in consideration of the results of deliberations of the Traffic
Impact
Analysis and Improvement Measures Deliberative Committee.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous
Article 20 moved to Article 38
Article 21 (Amendment of Traffic Impact Analysis and Improvement Measures)
(1) Any business operator requiring approval, etc. shall,
in the event that such said
operator has not started the project within the period as prescribed by Presidential
Decree after receiving
notice of matters requiring improvement or where occur
causes as prescribed by Presidential Decree, thereby making it inappropriate
to
implement the project plan, etc. pursuant to the matters requiring improvement,
amend the traffic impact analysis and improvement
measures related to the
relevant matters requiring improvement and submit said amendments to the
approval agency.
(2) Articles 16, 17, and 20 shall apply mutatis mutandis to amendments of the
traffic impact analysis and improvement measures under
Paragraph (1), provided,
however, that in the event that, among buildings having undergone deliberations of
the building committee
under Article 17 (2), amendments under Paragraph (1) as
traffic related matters as prescribed by Presidential Decree, the traffic
sub-
committee, (limited to cases in which such said sub-committee has been
established), of the relevant building committee or
the Traffic Impact Analysis and
Improvement Measures Deliberative Committee under Article 17 (1) and (3), may
conduct deliberations.
(3) Any business operator not requiring approval, etc. shall, in the event that such
said operator has not commenced the project
within the period as prescribed by
Presidential Decree after receiving notice of matters requiring improvement or
where there occur
causes as prescribed by Presidential Decree, thereby making it
inappropriate to implement a project plan, etc. pursuant to the matters
requiring
improvement, amend the traffic impact analysis and improvement measures related
to the results of deliberations and undergo
assessment by the Traffic Impact
Analysis and Improvement Measures Deliberative Committee under such said
operator. In such cases,
Articles 18 (2) and 20 (3) shall apply mutatis mutandis.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous
Article 21 moved to Article 39
Article 22 (Implementation of the Traffic Impact Analysis and Improvement
Measures)
(1) When implementing a project concerned, a business operator shall implement
the traffic impact analysis and improvement measures,
(referring to those reflected
in the relevant project plan, etc; hereinafter the same shall apply in this Article and
Articles
23 and 24).
(2) In order to faithfully implement the traffic impact analysis and improvement
measures, a business operator shall furnish and
manage at the construction site a
management register stating the traffic impact analysis and improvement measures
applied as prescribed
by Ordinance of the Ministry of Land, Transport, and
Maritime Affairs, and designate a supervising manager to check and report the
implementation of the traffic impact analysis and improvement measures,
(hereinafter referred to as the "supervising manager").
(3) The qualifications and duties of the supervising manager and other necessary
matters shall be as prescribed by Ordinance of
the Ministry of Land, Transport, and
Maritime Affairs.
(4) Where any business operator is replaced, the business operator's duties under
Paragraph (1) and (2) shall be succeeded by the
replaced business operator. In such
cases, the succeeding business operator shall notify the approval agency of the
contents of
succession, etc. as prescribed by Ordinance of the Ministry of Land,
Transport, and Maritime Affairs.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 22 moved to Article 40
Article 23 (Confirming the Implementation of the Traffic Impact Analysis and
Improvement Measures)
(1) Any approval agency shall confirm the implementation of the traffic impact
analysis and improvement measures for a business
operator requiring approval, etc.
(2) For confirmation under Paragraph (1), any approval agency may have relevant
business operators
submit materials related to the implementation of the traffic
impact analysis and improvement measures or have public officials
of such said
agency enter the relevant place of business to investigate and confirm. In such
cases, the person vicariously conducting
a confirmation under Paragraph (5) may
be required to be accompanied.
(3) Where performing the investigation and confirmation under Paragraph (2), the
date, place, purpose, and content of the investigation
shall be notified to the person
receiving the investigation no later than seven days prior to the investigation, and
after such
investigation and confirmation, the investigation and confirmation report
shall be promptly prepared as prescribed by Ordinance
of the Ministry of Land,
Transport, and Maritime Affairs.
(4) When entering the place of business, any public official, (including the
accompanying person under Paragraph (2)), conducting
the investigation and
confirmation under Paragraph (2) shall carry a certificate proving his/her
identification and authorization
and show it to any related persons.
(5) Any approval agency, when a business operator requiring approval, etc.
completes implementation
of a traffic impact analysis and improvement measures,
may entrust part of the confirmation of the implementation to a person vicariously
formulating traffic impact analysis and improvement measures under Article 25 (1).
In such cases, the person to vicariously conduct
the above shall not be the person
who vicariously formulated the traffic impact analysis and improvement measures
concerned, and
relevant costs shall be paid.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 23 moved to Article 41
Article 24 (Order to Implement, etc.)
(1) Where any business operator requiring approval, etc. has not implemented the
traffic impact analysis and improvement measures,
the approval agency shall order
him/her to take any measures necessary for the implementation thereof.
(2) Where any business operator
requiring approval, etc. has not implemented the
order under Paragraph (1) and is deemed to have caused serious impact on traffic,
the approval agency shall order the suspension of the project until the
implementation of the order is completed.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 24 moved to Article 42
Article 25 (Vicarious Formulation of the Traffic Impact Analysis and Improvement
Measures)
(1) When formulating the traffic impact analysis and improvement measures,
(including amendments thereof), any business operator
shall have a person
registered for vicariously formulating the traffic impact analysis and improvement
measures under Article 26,
(hereinafter referred to as the "vicarious formulator of
traffic impact analysis and improvement measures"), formulate such said
measures.
(2) Contracts by any business operator for vicarious formulation of traffic impact
analysis and improvement measures
under Paragraph (1) shall be entered
separately from other contracts, such as that for design for the project concerned.
[This
Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 25 moved to Article 43
Article 26 (Registration of Vicarious Formulator of the Traffic Impact Analysis
and Improvement Measures)
(1) Persons intending to vicariously formulate traffic impact analysis and
improvement measures under Article 25 (1) shall meet
the technical capabilities
prescribed by Ordinance of the Ministry of Land, Transport, and Maritime Affairs
and register as a vicarious
formulator of traffic impact analysis and improvement
measures.
(2) In order to change material items as prescribed by Ordinance of the Ministry of
Land, Transport, and Maritime Affairs among
the items registered under Paragraph
(1), an amended registration shall be made.
(3) Any person falling under any of the following subparagraphs shall not register
as a vicarious formulator of traffic impact analysis
and improvement measures:
1. Any incompetent or quasi-incompetent person;
2. Any person for whom two years have not elapsed from the date of cancellation
of registration under Article 29;
3. Any person sentenced to a punishment of imprisonment with mandatory labor or
heavier for violation of this Act and for whom two
years have not elapsed from the
date on which the execution of the sentence has been completed, (including cases
where it is deemed
completed), or exempted; and
4. Any legal person any officer of which falls under each of Subparagraphs 1
through 3.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 26 moved to Article 44
Article 27 (Matters for Business Operator and Vicarious Formulator of the Traffic
Impact Analysis and Improvement Measures to Comply
With)
(1) Any business operator and vicarious formulator of traffic impact analysis and
improvement measures shall comply with
matters falling under any of the
following subparagraphs:
1. To keep the traffic impact analysis and improvement measures and basic data of
the formulation thereof, during the period as prescribed
by Ordinance of the
Ministry of Land, Transport, and Maritime Affairs; and
2. Not to offer or receive illegal favors or bribes in connection with the
implementation of traffic impact analysis and improvement
measures.
(2) Any vicarious formulator of traffic impact analysis and improvement measures
shall comply with the matters falling
under any of the following subparagraphs, in
addition to Paragraph (1):
1. Not to fraudulently prepare a traffic impact analysis or improvement measures
and basic data of the formulation thereof;
2. Not to lend a registration certificate or title to others;
3. Not to subcontract the vicarious formulation of a traffic impact analysis and
improvement measures, provided, however, that the
same shall not apply to minor
items as prescribed by Ordinance of the Ministry of Land, Transport, and Maritime
Affairs; and
4. Not to formulate a traffic impact analysis or improvement measures by
reproducing other traffic impact analyses and/or improvement
measures.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 27 moved to Article 45
Article 28 (Closure of Business)
In order to close business, any vicarious formulator of traffic impact analysis and
improvement measures shall report to the Minister
as prescribed by Ordinance of
the Ministry of Land, Transport, and Maritime Affairs.
[This Article Newly Inserted by Act No. 9071,
Mar. 28, 2008]
[Previous Article 28 moved to Article 46
Article 29 (Cancellation of Registration, Suspension of Business, etc. of a Vicarious
Formulator of Traffic Impact Analysis and
Improvement Measures)
(1) Where any vicarious formulator of traffic impact analysis and improvement
measures falls under any of
the following subparagraphs, the Minister may cancel
the registration or order the suspension of all or any part of the business
for a
period of six months or less, provided, however, that in cases falling under
Paragraphs (1), (2), (6), and (8), the Minister
shall cancel the registration:
1. Registration by fraudulent or illegal methods;
2. Committing any act capable of triggering business suspension, after receiving
two instances of business suspension within the
past year;
3. Failing to begin vicarious formulation of traffic impact analysis and
improvement measures within two years of registration or
failing to vicariously
formulate traffic impact analysis and improvement measures for two years
consecutively;
4. Failing to meet the technical capabilities of vicarious formulators of traffic
impact analysis and improvement measures under
Article 26 (1);
5. Changing important matters as prescribed by Ordinance of the Ministry of Land,
Transport, and Maritime Affairs without registration,
in violation of Article 26 (2);
6. Falling under each of the subparagraphs of Article 26 (3), provided, however,
that the same shall not apply to cases where any
officer of the legal person falls
under such cause and such said officer is replaced within three months;
7. Subparagraph 2 of Article 27 (1) and Subparagraphs 1 through 4 of Article 27
(2) being violated; and
8. Entering into a new contract for vicarious formulation of traffic impact analysis
and improvement measures in violation of an
order to suspend business under this
Article.
(2) Detailed standards and other necessary matters for administrative action under
Paragraph (1) shall be prescribed by Ordinance
of the Ministry of Land, Transport,
and Maritime Affairs.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 29 moved to Article 47
Article 30 (Continuation of Business by a Vicarious Formulator of Traffic Impact
Analysis and Improvement Measures After Cancellation
of Registration or
Suspension of Business)
(1) Any person for whom registration was cancelled or business was suspended
under Article 29 may only continue business activities
concerning a contract for
vicarious formulation of traffic impact analysis and improvement measures entered
into before such administrative
action was taken.
(2) Any person continuing vicarious formulation of traffic impact analysis and
improvement measures under Paragraph
(1) shall be deemed a vicarious formulator
of traffic impact analysis and improvement measures under this Act until the
completion
of such said formulation.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 30 moved to Article 48
Article 31 (Report, etc. of Vicarious Formulation of Traffic Impact Analysis and
Improvement Measures)
(1) Any vicarious formulator of traffic impact analysis and improvement measures
shall report to the Minister the results of vicarious
formulation of traffic impact
analysis and improvement measures for the previous year by Jan 31 of each year as
prescribed by Ordinance
of the Ministry of Land, Transport, and Maritime Affairs.
(2) In order to improve the performance of a vicarious formulator of traffic
impact
analysis and improvement measures, the Minister shall publish the results of
vicarious formulation of traffic impact analysis
and improvement measures and the
contents of administrative action once a year or more, as prescribed by Ordinance
of the Ministry
of Land, Transport, and Maritime Affairs.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 31 moved
to Article 49
Article 32 (Standards of Cost Calculation for Vicarious Formulation or
Confirmation by a Vicarious Formulator of Traffic Impact
Analysis and
Improvement Measures)
The Minister shall publish the standards of cost calculation for vicarious
formulation, or vicarious confirmation of implementation,
of the vicarious
formulator of traffic impact analysis and improvement measures, (referring to
those reflected in relevant project
plans, etc.).
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Previous Article 32 moved to Article 50
CHAPTER IV MANAGEMENT OF TRAFFIC DEMAND
[Effective date: Dec 10, 2009]
Article 33 (Implementation of Traffic Demand Management)
(1) The head of the city may manage traffic demand through measures falling
under any of the following subparagraphs in a certain area of his/her jurisdictional
district in order to ensure smooth traffic
in urban areas, reduce air pollution, and
provide for the efficient use of traffic facilities. In such cases, for Subparagraphs
1
and 2, deliberations of the Local Urban Traffic Policy Deliberative Committee
shall be made: 1. Matters concerning restrictions on the operation of automobiles under Article
34;
1-2. Matters on alternate driving days under Article 34-2;
2. Matters concerning the imposition and collection of traffic congestion charges
under Article 35;
3. Management of parking demands;
4. Car-pooling of automobiles;
5. Support for telecommuting;
6. Expansion of facilities to promote bicycle use; and
7. Other matters as prescribed by Presidential Decree for the purpose of dispersing
or reducing traffic.
(2) In order to manage traffic demand under Paragraph (1), the head of the city
shall broadly hear opinions of related persons by
holding public hearings, etc.
(3) The management of traffic demand under Paragraph (1) shall be governed by
the relevant Municipal
Ordinance except as otherwise provided for in this Act.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from
Article 15, Previous Article 33 moved to Article 55
[Effective date: Dec 10, 2009]
Article 34-2 (Alternate Driving Day System)
(1) The head of the city may encourage a citizen campaign in which the residents
decide not to drive automobiles in all or any part
of the district under his/her
jurisdiction on specific dates, such as days of their choice, (hereinafter referred to
as the "alternate
driving day system"), in order to ensure smooth traffic and reduce
air pollution.
(2) The State or local governments may provide necessary administrative and
financial support to citizens participating in the alternate
driving day system or to
business operators contributing to the promotion of alternate driving day systems
by, for example, offering
benefits to participating citizens.
[This Article Newly Inserted by Act No. 9775, Jun. 9, 2009]
Article 35 (Imposition and Collection,
etc. of Traffic Congestion Charges)
(1) The head of the city shall designate any area where traffic congestion charges
are to be
imposed by taking into account the traffic speeds, the delay times at
intersections, etc. as prescribed by Presidential Decree,
and may impose and collect
such traffic congestion charges from automobiles entering the area where the
traffic congestion charges
are to be imposed during a certain time period.
(2) When the objective of designating any traffic congestion charge zone under
Paragraph (1) is attained, the head of the city shall cancel the designation thereof.
(3) For any private automobiles with engine
displacement of less than one
thousand cc under the Automobile Management Act, 50 percent of the traffic
congestion charges shall
be reduced or exempted.
(4) Basic standards, methods, etc. of imposing traffic congestion charges under
Paragraphs (1) and (2) shall be prescribed by Ordinance
of the Ministry of Land,
Transport, and Maritime Affairs, and matters necessary to implement traffic
congestion charges, such as
time periods for traffic congestion charges, types and
use of automobiles subject to traffic congestion charges, and standards for
cancelling the designation, shall be prescribed by Municipal Ordinances.
[This Article Wholly Amended by Act No. 9071, Mar. 28,
2008]
[Moved from Article 17
Article 36 (Imposition and Collection of Traffic Generation Charges)
(1) The head of the city may impose and collect traffic generation
charges,
(hereinafter referred to as "charges"), each year from the owner of facilities which
generate traffic in the urban traffic
improvement district.
(2) The charges shall be imposed on facilities in the district specified in
Subparagraph 1 of Article 3 (1)
whose floor space is equal to or wider than that as
prescribed by Presidential Decree.
(3) Notwithstanding Paragraph (2), the charges shall not be imposed on the
facilities falling under any of the following subparagraphs,
provided, however, that
the same shall not apply to any case where such facilities are used for purposes
other than their purposes:
1. Facilities owned by foreign government agencies, international organizations,
and foreign aid organizations in Korea;
2. Residential buildings, (including residential parts of multi-purpose facilities);
and
3. Other facilities which generate considerably little traffic or for which an
imposition of charges would be inappropriate due to
unavoidable public interest
considerations, and facilities used for business directly by nonprofit public
organizations and associations,
such as associations by persons of distinguished
services to the state under the Act on the Establishment of Associations by Persons,
etc. of Distinguished Services to the State and as prescribed by Presidential Decree.
(4) Necessary matters concerning methods,
procedures, etc. for imposing and
collecting the charges shall be prescribed by Presidential Decree.
[This Article Wholly Amended
by Act No. 9071, Mar. 28, 2008]
[Moved from Article 18
Article 37 (Standards for Calculating Charges)
(1) Charges imposed on any facilities generating traffic shall be calculated
according to the following formula. In such cases,
for multi-purpose facilities, the
charges thereof shall be calculated according to Presidential Decree:
The charges = sum of floor
space for each story of facilities × unit charges ×
traffic generating coefficient
(2) The unit charge and traffic generating coefficient under Paragraph (1) shall be
as prescribed by Presidential Decree considering
the number of users, sales, the
extent of traffic congestion, the purposes of the facilities, etc., and the head of the
city may
adjust upward the unit charge and traffic generating coefficient within a
limit of 100 percent considering the location, scale,
characteristics, etc. of the
relevant facilities, as prescribed by Municipal Ordinances of the relevant local
government.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 19
Article 38 (Reduction of Charges)
In any cases falling under any of the following subparagraphs, the head of the city
may reduce the charges as prescribed by Presidential
Decree:
1. Where the owner of facilities does not use the facilities for a period of 30 days
or more for special reasons, such as the suspension
of business;
2. Where the owner of facilities or the association under Article 44 implements a
program designed to reduce traffic volume entering
the facilities; and
3. Where it is unavoidable for the public interest or it is necessary to facilitate the
management of traffic demand.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 20
Article 39 (Payment of Charges in Installments)
Where the charges are in excess of 5 million won, the head of the city may allow
such charges to be paid in installments as prescribed
by Presidential Decree.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 21
Article 40 (Surcharges and Payment Demands)
(1) Where any person obligated to pay the charges fails to pay such said charges
within the payment period, the head of the city
shall demand such person to pay
the charges in arrears within a fixed period of 10 days or more. In such cases, with
respect to
charges in arrears, the head of the city shall impose surcharges as
prescribed by Presidential Decree within a limit of 10 percent.
(2) Where any person demanded to pay charges in arrears under Paragraph (1) fails
to pay such charges within the fixed period,
the charges concerned shall be
collected by the examples of disposition of local taxes in arrears.
(3) Where any charges imposed
and collected are found to be less or more after
imposing and collecting charges, the head of the city shall investigate the matter
and collect or refund the difference thereof.
(4) The Local Tax Act shall apply mutatis mutandis to the handling of any charges
paid in error under Paragraph (3).
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 22
Article 41 (Exclusion Period and Statute of Limitations)
(1) Where charges are not imposed for 5 years from the date on which such
charges may be imposed, the charges may not be imposed.
(2) Articles 30-5 and 30-6 of the Local Tax Act shall apply mutatis mutandis
to the
statute of limitations of charges.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 23
Article 42 (Designation, etc. of Special Traffic-Congestion Management Zones)
(1) The head of the city may, where deeming it necessary
to ensure smooth traffic
and promote traffic convenience in urban areas, designate a certain area of the
urban traffic improvement
district as a special traffic congestion management zone,
(hereinafter referred to as a "special management zone"), and take steps
to manage
traffic demand under Article 43 with respect to the facilities in the special
management zone exceeding the scale as
prescribed by Presidential Decree,
(excluding any residential facilities and hereinafter referred to as the "facilities in
the
special management zone"), and the vehicles entering the special management
zone.
(2) The head of the city may designate any facilities, (excluding residential
facilities), which cause serious traffic congestion
on adjacent main roads and
exceed the scale as prescribed by Presidential Decree as special traffic-congestion
management facilities,
(hereinafter referred to as "special management facilities"),
and take steps to manage traffic demand under Article 43.
(3) The
Minister may, where deemed necessary, order the head of the city
concerned to designate a certain area or facilities in an urban
traffic improvement
district as a special management zone or special management facilities under
Paragraphs (1) and (2).
(4) Upon receiving an order under Paragraph (3), the head of the city shall
investigate the traffic situation in areas surrounding
the relevant area or facilities.
Where the investigation results suggest that such areas fall under the designation
standards of
Paragraph (5), the head of the city shall designate such said area or
facilities as a special management zone or special management
facilities.
(5) Standards for designating the special management zone or special management
facilities shall be as prescribed by
Presidential Decree.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 24
Article 43 (Details of Steps for Management of Traffic Demand)
The head of the city may take steps falling under any of the following
subparagraphs in order to reduce traffic congestion in any special management
zone or special management facilities:
1. Imposition and collection of traffic congestion charges under Article 35;
2. Imposition and collection of traffic generation charges adjusted upward
according to Municipal Ordinances under Article 37 (2);
3. Orders to restrict the use of attached parking lots under Article 48; and
4. Implementation of policy steps designed to improve traffic conditions and
promote the use of public transit means as prescribed
by Presidential Decree,
including one-way traffic systems and signal system upgrades.
[This Article Wholly Amended by Act No. 9071,
Mar. 28, 2008]
[Moved from Article 25
Article 44 (Joint Management of Traffic Demand)
(1) Owners of facilities in a special management zone may form an association to
implement jointly a plan to reduce traffic volume
entering the special management
zone in response to steps taken by the head of the city to manage traffic demand
under Article
43.
(2) The head of the city may assist owners of facilities in establishing the
association under Paragraph (1) and in implementing
the plan to reduce traffic
volume.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 26
Article 45 (Procedures for Designating Special Management Zones, etc.)
(1) In order to designate a special management zone or special
management
facilities, the head of the city shall formulate a plan for designating such said
special management zones or special
management facilities, including improving
parking conditions in areas surrounding such zones or facilities as prescribed by
Presidential
Decree, hold a public hearing to hear the opinions of the owners of
facilities and relevant experts, and determine and publish the
designation thereof
upon obtaining approval from the Minister after undergoing deliberations of the
Local Urban Traffic Policy
Deliberative Committee.
(2) In order to approve a plan for designating a special management zone or special
management facilities
under Paragraph (1) or order the head of the city to
designate a special management zone or special management facilities under
Article 42 (3), the Minister shall undergo deliberations thereof of the Committee.
(3) Necessary matters concerning the holding
of a public hearing under Paragraph
(1) shall be as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No.
9071, Mar. 28, 2008]
[Moved from Article 27
Article 46 (Management of Targets)
(1) The head of the city shall, in cases of designating a special management zone
or special management facilities, set the management
target thereof and conduct
periodic analyses of improvement effects.
(2) The head of the city may, where deemed necessary as a result of the analysis
under Paragraph (1), manage traffic demand by changing
the plan for designating
special management zones or special management facilities, including
strengthening the steps to manage
traffic demand contained in such a plan to
designate special management zones or special management facilities, or adopting
steps
to manage traffic demand not contained in such said designation plan.
(3) Article 45 shall apply mutatis mutandis to the change
of any plan for
designating a special management zone or special management facilities under
Paragraph (2).
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 28
Article 47 (Cancellation, etc. of the Designation of Special Management Zones)
Where the results of analysis under Article 46 (1)
fall under any of the following
subparagraphs as prescribed by Presidential Decree, the head of the city shall
cancel such said
designation:
1. Where the purpose of designating a special management zone or special
management facilities has been fulfilled; and
2. Where there appears to be clear grounds to cancel the designation of a special
management zone or special management facilities,
such as a change of purpose of
the special management facilities.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 29
Article 48 (Order to Restrict the Use of Attached Parking Lots)
(1) The head of the city may, where deemed particularly necessary
to reduce traffic
congestion in any special management zone or other traffic congestion due to any
special management facilities,
order the owners of facilities in such said special
management zone or the owners of such special management facilities to restrict
the use of attached parking lots under Item (c) of Subparagraph 1 of Article 2 of the
Parking Lot Act through the implementation
of an alternate parking system within
the limit of 60 days a year.
(2) Necessary matters concerning details, methods, etc. of restricting the use of
attached parking lots under Paragraph (1) shall
be prescribed by Municipal
Ordinances.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 30
Article 49 (Establishment of a Special Account for Local Urban Traffic Projects)
(1) The special metropolitan city, the metropolitan
city, the special self-governing
Do governor, and the city located in urban traffic improvement districts may
establish a special
account for local urban traffic projects, (hereinafter referred to
as "special accounts"), in order to secure, efficiently operate,
and manage the
financial resources necessary to implement the basic plan and improve urban
traffic.
(2) Revenue shall accrue to the special account from income falling under any of
the following subparagraphs:
1. Traffic congestion charges under Article 35;
2. Traffic generating charges under Article 36;
3. Civil fines under Subparagraph 3 of Article 60 (1); and
4. Amount transferred from the general account and income related to urban
traffic.
(3) Income of the special account shall be spent for any project falling under any of
the following subparagraphs, provided, however,
that among incomes under
Subparagraphs 1 through 3 of Article 2, the amount exceeding the rate as
determined by Ordinance of the
Ministry of Land, Transport, and Maritime Affairs
shall be used to implement measures under Subparagraphs 4 through 7 of Article
33 (1):
1. Projects to expand, and improve the operation of, traffic facilities;
2. Projects to survey and research urban traffic;
3. Projects to improve services of the traffic means and the management of
operators of public transit means;
4. Management of traffic demand and implementation of measures to manage
traffic demand under Articles 33 and 43; and
5. Projects to upgrade road facilities and traffic safety facilities.
(4) Necessary matters concerning the operation and administration
of the special
account shall be prescribed by Municipal Ordinances.
[This Article Wholly Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 31
Article 50 (Deliberation of The Basic Plan, etc.)
(1) Among matters falling under any of the following subparagraphs, matters under
the authority of the Minister shall be deliberated by the Committee, and matters
under the authority of the Mayor/Do Governor shall
be deliberated by the Local
Urban Traffic Policy Deliberative Committees:
1. Basic plan;
2. Basic urban railroads plan and per-route basic urban railroads plan under
Article 3-2 of the Urban Railroad Act, (limited to cases
of the Committee); and
3. Other matters concerning major policies for urban railroads and as prescribed
by Presidential Decree.
(2) Necessary matters concerning the composition, function, and operation of the
Committee and the Local Urban Traffic Policy Deliberative
Committees shall be as
prescribed by Presidential Decree.
[This Article wholly Amended by Act No. 9775, Jun. 9, 2009]
[Effective date: Dec 10, 2009]
Chapter V Supplementary Provisions
[Effective date: Dec 10, 2009]
Article 51 (Research and Survey of Basic Data for Traffic Impact Analysis and
Improvement Measures)
(1) In order to utilize the necessary research and basic data for the efficient
implementation of the traffic impact analysis and
improvement measures, the
Minister and Mayor/Do Governor shall conduct research and surveys on matters
falling under any of the
following subparagraphs:
1. To formulate and complement various indexes necessary for the traffic impact
analysis and improvement measures;
2. To review the appropriateness of, and develop, the methodology to formulate
and predict the traffic impact analysis and improvement
measures;
3. Fact-finding surveys, etc. of traffic generation volumes by facilities per city;
4. To analyze and research the effectiveness of various traffic impact analysis tasks
and improvement measures; and
5. Other matters necessary for the efficient implementation of traffic impact
analysis and improvement measures.
(2) Other necessary matters, such as research and surveys of basic data under
Paragraph (1), shall be as prescribed by Ordinance
of the Ministry of Land,
Transport, and Maritime Affairs.
(3) The Minister and Mayor/Do Governor shall build a database of results from
research and surveys carried out under Paragraph (1)
and offer said database to
relevant business operators for utilization.
(4) Where any business operator, etc. utilizes the research and survey data under
Paragraph (3), the Minister may collect usage
fees under Ordinance of the Ministry
of Land, Transport, and Maritime Affairs, and the Mayor/Do Governor may do the
same under
Municipal Ordinances.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 52 (Collection and Distribution of Information and Training of Specialists)
In order to enhance the expertise of traffic
impact analysis and improvement
measures, the Minister shall collect and distribute relevant information and take
steps to train
specialists.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 53 (Associations Concerning Traffic Impact Analysis and Improvement
Measures)
(1) Vicarious formulators of, and any persons engaged in businesses related to,
traffic impact analysis and improvement measures
may establish an association on
the traffic impact analysis and improvement measures, (hereinafter referred to as
an "association"),
in order to improve relevant systems and promote the sound
development of relevant businesses.
(2) The association shall be a legal person.
(3) The association shall formulate articles of incorporation and obtain
authorization thereof from the Minister. The same shall
apply in amendments
thereof.
(4) Where the Minister recognizes that the operation of the association violates
statutes and decrees or articles of incorporation,
the Minister may order an
amendment of articles of incorporation or business plan, or a change of officers.
(5) Except as provided
for in this Act, the Civil Act provisions on an incorporated
association shall apply mutatis mutandis to the association.
[This
Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 54 (Hearings)
In order to cancel registration under Article 29 (1), the Minister shall hold hearings.
[This Article Newly Inserted by Act No.
9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 55 (Delegation and Entrustment of Authority)
(1) The Minister may delegate any part of the authorities under this Act to
the Do
governor or the head of the city/Gun/Gu as prescribed by Presidential Decree.
(2) The Minister may entrust any duties falling
under any of the following
subparagraphs to the association as prescribed by Presidential Decree:
1. Receiving applications for registration or amended registration of vicarious
formulators of traffic impact analysis and improvement
measures under Article 26;
2. Receiving reports of a vicarious formulation of traffic impact analysis and
improvement measures under Article 31; and
3. Building a database for the results of research and surveys, offering of data, and
receiving payments of usage fees under Article
51 (3) and (4).
(3) Where the Minister deems it necessary for the efficient implementation of
research and surveys under Article
51 (1), the Minister may entrust the Korea
Traffic Institute or the Korea Land Institute under the Government Invested
Research
Institute Establishment, Operation, and Fosterage Act to fulfill said duties.
(4) The Minister may support all or any part of the
costs necessary to perform the
entrusted business under Paragraph (2) and (3) within the limit of the budget.
[This Article Wholly
Amended by Act No. 9071, Mar. 28, 2008]
[Moved from Article 33
Article 56 (Public Officials in Application of Penal Provisions)
Any person falling under any of the following subparagraphs shall
be deemed
public officials concerning the application of penal provisions under Articles 129
through 132 of the Criminal Act:
1. Members of the Traffic Impact Analysis and Improvement Measures
Deliberative Committee under Article 19 (1) who are not public
officials;
2. Any person vicariously conducting surveys and confirmation under Article 23
(5); and
3. Any person belonging to the association entrusted with business under Article 55
(2) and performing such entrusted business activities.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
CHAPTER VI PENAL PROVISIONS
[Effective date: Dec 10, 2009]
Article 57 (Penal Provisions)
Any business operator who violates an order to suspend work under Article 24 (2)
shall be sentenced to imprisonment for not more
than five years or punished by a
fine not exceeding fifty million won.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 58 (Penal Provisions)
(1) Any person who falls under any of the following subparagraphs shall be
sentenced to imprisonment for not more than two years
or punished by a fine not
exceeding twenty million won:
1. Vicarious formulators of traffic impact analysis and improvement measures who
fraudulently confirm the implementation of traffic
impact analysis and
improvement measures under Article 23 (5);
2. Any person who vicariously formulates traffic impact analysis and improvement
measures without registering as a vicarious formulator
of traffic impact analysis
and improvement measures under Article 26, (including any person entering into
contracts for vicarious
formulation of traffic impact analysis and improvement
measures during a business suspension period in violation of an order to
suspend
business under Article 29, and excluding any person falling under Article 30 (1));
3. Any person who registers as a vicarious formulator of traffic impact analysis and
improvement measures under Article 26 by fraudulent
or illegal methods;
4. Any vicarious formulator of traffic impact analysis and improvement measures
who fraudulently prepares traffic impact analysis
and improvement measures in
violation of Subparagraph 1 of Article 27 (2); and
5. Any vicarious formulator of traffic impact analysis and improvement measures
who prepares traffic impact analysis and improvement
measures by illegally
reproducing other traffic impact analysis and improvement measures in violation of
Subparagraph 4 of Article
27 (2).
(2) Any person who falls under any of the following subparagraphs shall be
sentenced to imprisonment for not more than one year
or punished by a fine not
exceeding ten million won:
1. Any person who lends a registration certificate or name to others in violation of
Subparagraph 2 of Article 27 (2); and
2. Any person who subcontracts the vicarious formulation of traffic impact analysis
and improvement measures in violation of Subparagraph
3 of Article 27 (2).
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 59 (Joint Penal Provisions)
(1) Where a representative, agent, employee, or other workers of a legal person
violates Articles 57 or 58 with respect to the business
of such said legal person, in
addition to punishing the offender, the legal person shall also be fined as prescribed
in the respective
Articles, provided, however, that the same shall not apply in cases
where the legal person has paid substantial attention to, and
provided supervision
of, such said business in order to prevent such violation/s.
(2) Where an agent, employee, or other workers
of an individual violates Articles
57 or 58 with respect to the business of such said individual, in addition to
punishing the
offender, the individual shall also be fined as prescribed in the
respective Articles, provided, however, that the same shall not
apply in cases where
the individual has paid substantial attention to, and provided supervision of, such
said business in order
to prevent such violation/s.
[This Article Newly Inserted by Act No. 9071, Mar. 28, 2008]
[Effective date: Dec 10, 2009]
Article 60 (Civil Fines)
(1) Any person who falls under any of the following subparagraphs shall be
sentenced to a civil fine not exceeding ten million won:
1. Any person who fails to implement an order for action under Article 24 (1);
2. Any person who fails to enter into a contract for vicarious formulation of traffic
impact analysis and improvement measures separately
from other contracts in
violation of Article 25 (2); and
3. Any person who violates an order to restrict the use of attached parking lots
under Article 48.
(2) Any person who falls under any of the following subparagraphs shall be
sentenced to a civil fine not exceeding five million
won:
1. Any business operator who fails to furnish or manage a management register or
to designate a supervising manager in violation
of Article 22 (2); and
2. Any person who fails to keep traffic impact analysis and improvement measures
or the basic data for formulation thereof in violation
of Subparagraph 1 of Article
27 (1).
(3) Any person who violates restrictions on automobiles under Article 34 shall be
sentenced to a civil fine not exceeding one hundred
thousand won:
(4) The civil fines under Paragraphs (1) and (3) shall be imposed and collected by
the Minister, the head of the
city, or the approval agency as prescribed by
Presidential Decree.
(5) Any person who has an objection to a civil fine under Paragraph (4) may file an
appeal to the Minister, the head of the city,
or the approval agency within 30 days
of receiving the notice of said civil fine.
(6) Where any person subjected to a civil fine under Paragraph (4) files an appeal
under Paragraph (5), the Minister, the head of
the city, or the approval agency shall
promptly notify the competent court of said fact and the competent court shall,
upon receiving
such notice, put the case on trial for civil fines in accordance with
the Non-Contentious Case Procedure Act.
(7) Where any person neither files an appeal within the period under Paragraph (5)
nor pays the civil fine in question, such said
civil fine shall be collected by the
examples of disposition of local taxes in arrears.
[This Article Wholly Amended by Act No.
9071, Mar. 28, 2008]
[Moved from Article 34
ADDENDUM
This Act shall enter into effect six month from the date of its promulgation, provided,
however, that amendment of Articles 33 and
34-2 shall enter into effect from the date of
promulgation.
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