유료도로법

Article 1Purpose

The purpose of this Act is to promote traffic convenience and contribute to the development of the national economy by prescribing matters concerning the construction, upgrading, maintenance, management, etc. of toll roads.[This Article Wholly Amended on Dec. 18, 2012]

Article 2Definitions

The terms used in this Act are defined as follows: <Amended on Jan. 14, 2014; Jan. 16, 2018>1. The term "road" means a road defined in subparagraph 1 of Article 2 of the Road Act;

2. The term "toll road" means either of the following roads:(a) A road for which tolls or usage charges are collected under this Act;(b) A road for which tolls or usage charges are collected under Article 26 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as "public-private partnership road");

3. The term "road management authorities" means the management authorities of roads referred to in Articles 23 and 24 of the Road Act;

4. The term "local road management authorities" means the road management authorities that are local governments;

5. The term "toll road management authorities" means the road management authorities which newly construct or reconstruct toll roads pursuant to Article 4; the Minister of Land, Infrastructure and Transport who newly constructs or reconstructs toll roads pursuant to Article 5; or the road management authorities authorized to grant permission to a person other than the road management authorities who newly constructs or reconstructs toll roads pursuant to Article 6;

6. The term "vehicle" means a motor vehicle defined in subparagraph 1 of Article 2 of the Motor Vehicle Management Act and construction machinery prescribed by Presidential Decree which can operate on the road, among construction machinery defined in Article 2 (1) 1 of the Construction Machinery Management Act.[This Article Wholly Amended on Dec. 18, 2012]

Article 3Relationship to other statutes

Except as provided in this Act, the Road Act shall apply to matters concerning the construction, upgrading, maintenance, repair, or other management of toll roads. <Amended on Jan. 14, 2014>[This Article Wholly Amended on Dec. 18, 2012]

Article 4Construction or reconstruction of toll roads by road management authorities

(1) The road management authorities may newly construct or reconstruct a road that meets all of the following requirements and collect tolls from any person who drives a vehicle on such road:

1. A road on which any person driving a vehicle obtains substantial benefits therefrom;

2. A road on which any person needs not drive a vehicle which is to be constructed or reconstructed, because another road (excluding toll roads) available for use exists thereabouts.

(2) Where any of the following roads is constructed or reconstructed as toll roads, such road does not need to meet the requirements provided for in the subparagraphs of paragraph (1):

1. A motorway;

2. A road for the purpose of tourism;

3. A road connecting land to an island or connecting islands.

(3) Notwithstanding paragraphs (1) and (2), if the total amount of tolls estimated to be paid during the period for collecting tolls calculated under Article 16 (5) is less than the total amount of the principal of and interest on the costs to be incurred in relation to the construction, upgrading, maintenance, repair, and other management of the relevant toll road (hereinafter referred to as "total amount of construction and maintenance costs"), such road shall not be constructed or reconstructed as toll roads; provided, this shall not apply where the State or a local government provides financial support (referring to investments, funding, subsidies, etc.; hereinafter the same shall apply) of at least the rate prescribed by Presidential Decree for the construction of such road because it deems that the construction or upgrading of the road has social or economic validity and consequently the convenience of public transportation substantially increases due to the construction or upgrading thereof. <Amended on Nov. 26, 2019>(4) The road management authorities may create the management authority over toll roads under Article 10 (1) and have tolls collected from the users of the relevant road in order to retrieve funds invested for the purpose of public interest, such as reducing tolls for the road, even where the right to manage a public-private partnership road becomes extinguished. <Added on Nov. 26, 2019>[This Article Wholly Amended on Dec. 18, 2012][Title Amended on Nov. 26, 2019]

Article 5Construction or reconstruction of toll roads by the Minister of Land, Infrastructure and Transport

(1) If any road under the jurisdiction of the local road management authorities is in particularly close connection with the development of national land, the promotion of tourism, the convenience of local residents, etc. and meets the requirements provided for in Article 4, the Minister of Land, Infrastructure and Transport may newly construct or reconstruct such road at his or her own expense and collect tolls, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>(2) If the Minister of Land, Infrastructure and Transport intends to newly construct or reconstruct toll roads pursuant to paragraph (1), he or she shall obtain consent from the relevant local road management authorities in advance. In such cases, the local road management authorities shall be subject to a resolution of the local council as to whether to grant consent. <Amended on Mar. 23, 2013>(3) If the Minister of Land, Infrastructure and Transport newly constructs or reconstructs a road under the jurisdiction of the local road management authorities and collects tolls pursuant to paragraph (1), he or she shall assume obligations and bear expenses incurred in maintaining, repairing or managing such toll road during the period from the date following the date of completion of construction publicly announced pursuant to Article 7 (2) or the date designated by a public announcement pursuant to Article 19 to the date the period for collecting tolls expires. <Amended on Mar. 23, 2013>(4) If the Minister of Land, Infrastructure and Transport newly constructs or reconstructs toll roads pursuant to paragraph (1) or assumes obligations or bears expenses incurred in maintaining, repairing or managing such toll roads pursuant to paragraph (3), he or she shall exercise the authority of the relevant local road management authorities on its behalf during the relevant period, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013>[This Article Wholly Amended on Dec. 18, 2012][Title Amended on Mar. 23, 2013]

Article 6Construction or upgrading of toll roads by non-road management authorities

Any person other than the road management authorities (hereinafter referred to as "non-road management authorities") may newly construct or reconstruct a road meeting the requirements provided for in Article 4 (1) or (2) at his or her own expense with permission from the relevant road management authorities and collect tolls, as prescribed by Presidential Decree.[This Article Wholly Amended on Dec. 18, 2012]

Article 7Public announcement of toll road construction

(1) When the toll road management authorities perform new construction or reconstruction of toll roads provided for in Articles 4 through 6, it shall publicly announce the kind and name of such road, and sections, kinds, the date of commencement, etc. of road construction in advance, as prescribed by Presidential Decree. The same shall also apply where it intends to modify matters publicly announced.

(2) When the toll road management authorities complete all or part of construction, or discontinues construction referred to in paragraph (1), it shall publicly announce the purport thereof in advance pursuant to paragraph (1).[This Article Wholly Amended on Dec. 18, 2012]

Article 8Connecting toll roads to other roads

(1) Where the Minister of Land, Infrastructure and Transport or the local road management authorities intend to connect a road he or she or it manages to toll roads managed by other local road management authorities, he or she or it shall consult with the relevant local road management authorities in advance. <Amended on Mar. 23, 2013>(2) Where the local road management authorities intend to connect a road it manages to toll roads managed by the Minister of Land, Infrastructure and Transport, it shall obtain approval from the Minister of Land, Infrastructure and Transport. <Amended on Mar. 23, 2013>(3) Where it is necessary to enhance the connectivity and efficiency of traffic, the toll road management authorities may request the road management authorities of a road directly connected to the relevant toll road to rebuild or repair such road.

(4) Where the toll road management authorities hold consultation, obtain approval or make a request under paragraphs (1) through (3) and the management authority over toll roads referred to in Article 10 has been created with respect to the relevant toll road, it shall hear the opinion of an authorized administrator of toll roads in advance.[This Article Wholly Amended on Dec. 18, 2012]

Article 9Cost-sharing by local governments

Any local government that particularly benefits from the construction, reconstruction, maintenance, repair or other management of toll roads may fully or partially share the costs incurred therein.[This Article Wholly Amended on Dec. 18, 2012]

Article 10Creation of management authority over toll roads

(1) Any toll road management authorities may create an authority to maintain and manage toll roads and to collect tolls, occupation or use charges, etc. from persons driving on or using the toll road (hereinafter referred to as "management authority over toll roads").

(2) Any person to whom the management authority over toll roads is created pursuant to paragraph (1) (hereinafter referred to as "authorized administrator of toll roads") shall file for registration of his or her authority with the relevant toll road management authorities.[This Article Wholly Amended on Dec. 18, 2012]

Article 11Nature of management authority over toll roads

The management authority over toll roads shall be deemed a real right, and the provisions on real estate under the Civil Act shall apply mutatis mutandis to such right, except as provided in this Act.[This Article Wholly Amended on Dec. 18, 2012]

Article 12Special cases concerning disposal of mortgage

No management authority over toll roads, over which a mortgage is established, shall be disposed of without the consent of the mortgagee thereof.[This Article Wholly Amended on Dec. 18, 2012]

Article 13Changes in rights

(1) The management authority over toll roads or the creation, change, lapse, and restriction of disposal of a mortgage on the management authority over toll roads shall take effect by registering any of them in the register of the management authority over toll roads furnished in the relevant toll road management authorities.

(2) Matters necessary for registration referred to in paragraph (1) shall be prescribed by Presidential Decree.[This Article Wholly Amended on Dec. 18, 2012]

Article 14Vicarious execution of business affairs by authorized administrator of toll roads

The toll road management authorities may have an authorized administrator of toll roads to conduct its affairs provided for in the Road Act by proxy, as prescribed by Presidential Decree. <Amended on Jan. 14, 2014>[This Article Wholly Amended on Dec. 18, 2012]

Article 15Vehicles subject to tolls

(1) The toll road management authorities or an authorized administrator of toll roads shall collect tolls from persons who drive vehicles on the toll roads by type of vehicles prescribed by Decree of the Ministry of Land, Infrastructure and Transport, in consideration of the structure, weight, etc. of vehicles driving on such road. <Amended on Mar. 23, 2013>(2) Among vehicles under paragraph (1), vehicles for military operations, ambulances and relief vehicles, fire-fighting vehicles, and other vehicles prescribed by Presidential Decree may be subject to reduction of or exemption from tolls only where they drive on the toll road for their original purposes, as prescribed by Presidential Decree; provided, tolls shall not be exempted in any of the following cases, and the detailed criteria and procedures therefor shall be prescribed by Presidential Decree: <Amended on Aug. 16, 2023>1. In cases of a violation of Article 77 (1) of the Road Act;

2. In cases of a violation of Article 39 (1) or (4) of the Road Traffic Act;

3. Other cases prescribed by Presidential Decree.

(3) The toll road management authorities or an authorized administrator of toll roads may reduce or exempt tolls otherwise chargeable on vehicles using motorways on the days specified by Presidential Decree, such as Seollal (Lunar New Year) and Chuseok (Mid-Autumn) holidays, as prescribed by Presidential Decree. <Added on Jan. 16, 2018>(4) The State may fully or partially subsidize expenses incurred in reducing or exempting tolls under paragraph (2) or (3), as prescribed by Presidential Decree. <Added on Jan. 16, 2018>[This Article Wholly Amended on Dec. 18, 2012]

Article 16Determination of and criteria for tolls by toll road management authorities

(1) The toll road management authorities shall determine tolls of toll roads (excluding a motorway) within the limits of benefits ordinarily obtained in terms of time and costs from driving on the relevant toll road.

(2) The Minister of Land, Infrastructure and Transport shall determine tolls of each toll motorway within the limits he or she deems fair and appropriate compared with the price level, fares of other means of transportation, other public utility charges, etc. <Amended on Mar. 23, 2013>(3) The toll road management authorities may extend the period for collecting tolls so as to retrieve funds invested for the purpose of public interest, such as reducing tolls for the relevant road. <Added on Nov. 26, 2019>(4) The total amount of tolls shall not exceed the total amount of construction and maintenance costs of the relevant toll road (including a national budget prescribed by Presidential Decree in order for the toll road management authorities to compensate for losses or a reserve for compensating for losses appropriated in the special account of each local government pursuant to Article 24 (1)); provided, where an management authority over toll roads are created pursuant to Article 4 (4) to collect tolls, the total amount of tolls shall not exceed the sum of the total amount of construction and maintenance costs of the relevant toll road (limited to expenses incurred after the right to manage the toll road is established) plus the funds invested for the purpose of public interest such as reducing tolls for the relevant road. <Amended on Nov. 26, 2019>(5) Tolls for relevant toll roads; the period for collecting tolls; the criteria, methods, and procedures for calculating the total amount of tolls and the total amount of construction and maintenance costs of the relevant toll road; and other necessary matters shall be prescribed by Presidential Decree. <Amended on Nov. 26, 2019>[This Article Wholly Amended on Dec. 18, 2012]

Article 17Determination of tolls by non-road management authorities and criteria therefor

(1) The non-road management authorities (including any person who purchases an management authority over toll roads from the toll road management authorities; hereinafter the same shall apply) shall determine tolls, based upon the total amount of construction and maintenance costs of the toll road, earnings from such toll road except for tolls, the period for collecting tolls, a rate of return, etc.

(2) When the non-road management authorities intend to collect tolls, it shall obtain approval therefor from the relevant toll road management authorities, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. The same shall also apply where it intends to change approved tolls. <Amended on Mar. 23, 2013>(3) When it is intended to change tolls under the latter part of paragraph (2) or to adjust tolls for a public-private partnership road under the Act on Public-Private Partnerships in Infrastructure, the rate of increase of tolls shall be determined by a rate not exceeding the annual consumer price inflation rate accumulated from the year in which current tolls were changed or adjusted to the year immediately before the year the change or adjustment of current tolls is to be implemented. <Added on Jan. 16, 2018>[This Article Wholly Amended on Dec. 18, 2012]

Article 18Integrated accounting system

(1) Where at least two toll roads meet all of the following requirements, the toll road management authorities or an authorized administrator of toll roads may collect tolls by deeming the relevant toll roads to be one toll road. In such cases, where an authorized administrator of toll roads adds a new toll road to an integrated accounting system or alters the already approved matters, he or she shall obtain approval therefor from the relevant toll road management authorities before the public announcement of tolls, period of collection, etc. under Article 19: <Amended on Jan. 14, 2014>1. The toll road management authorities or the person authorized to manage toll roads shall be the same entity;

2. The toll roads shall have traffic relation with each other;

3. There shall be justifiable reasons to believe that it is appropriate to collect tolls on an integrated basis on toll roads.

(2) Matters necessary for the methods, procedures, etc. for the approval for the integrated accounting system under paragraph (1) shall be prescribed by Presidential Decree. <Added on Jan. 14, 2014>[This Article Wholly Amended on Dec. 18, 2012]

Article 18-2Collection of tolls in lump sum

One and the same toll road management authorities or person authorized to manage toll roads my collect tolls in a lump sum from vehicles that consecutively pass through toll roads managed by the different toll road management authorities or the authorized administrators of toll roads. In such cases, the toll road management authorities or the authorized administrators of toll roads shall provide information so that users may know the fact that tolls are collected in a lump sum and a toll for each toll road.[This Article Added on Feb. 3, 2016]

Article 19Public announcement of tolls and period for collection

The toll road management authorities or authorized administrators of toll roads who intend to collect tolls shall make public announcement of tolls, the period for collection, the methods of collection, and other necessary matters in the Official Gazette or public gazette in advance, and shall install signs stating the details thereof in places conspicuous to the public on the road, as prescribed by Presidential Decree. The same shall also apply where such authorities or persons intend to change tolls, the period for collection thereof, the methods of collection thereof, etc.[This Article Wholly Amended on Dec. 18, 2012]

Article 20Imposition and collection of additional tolls

(1) If any person who has passed on a toll road has not paid a toll or has received toll reduction or exemption by fraud or other improper means, the toll road management authorities or an authorized administrator of toll roads may impose and collect an additional toll prescribed by Presidential Decree within the limits of 10 times the toll unpaid or reduced or exempted, in addition to such toll. <Amended on Mar. 21, 2017>(2) In cases falling under paragraph (1), if a place where a person enters a toll road is unclear, he or she shall be presumed to have entered the toll road in the remotest distance from a place where he or she is to pay a toll.

(3) Methods and procedures for notifying the imposition and collection of tolls and additional tolls under paragraph (1) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Dec. 22, 2020>[This Article Wholly Amended on Dec. 18, 2012]

Article 20-2Raising objections to imposition of additional tolls and handling procedures

(1) A person who has an objection to the imposition of additional tolls under Article 20 may raise an objection to the toll road management authorities or the authorized administrators of toll roads that impose the relevant additional tolls, within 30 days from the date of receipt of a notice of the imposition of the additional tolls.

(2) Where it is deemed that the details of an objection raised under paragraph (1) are well-founded, the toll road management authorities or the authorized administrators of toll roads shall revoke the imposition of additional tolls.

(3) Other matters necessary for raising objections to the imposition of additional tolls, handling procedures therefor, etc. shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.[This Article Added on Apr. 18, 2023]

Article 21Entrustment of receipt of tolls and compulsory collection

(1) Where a person liable to pay a toll and an additional toll fails to pay such tolls, the toll road management authorities shall collect such tolls in the same manner as delinquent national or local taxes are collected, or in accordance with the Act on the Collection of Local Administrative Penalty Charges. <Amended on Jan. 16, 2018; Mar. 24, 2020>(2) Where a person liable to pay a toll and an additional toll fails to pay such tolls, the authorized administrators of toll roads may entrust collecting such tolls to the Minister of Land, Infrastructure and Transport or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu refers to the head of an autonomous Gu; hereinafter the same shall apply) having jurisdiction over the relevant area, as prescribed by Presidential Decree. <Amended on Jan. 16, 2018>(3) When a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu is entrusted with collecting tolls and additional tolls pursuant to paragraph (2), he or she may collect tolls and additional tolls in the same manner as delinquent local taxes are collected. In such cases, an authorized administrator of toll roads shall pay an amount equivalent to 10/100 of the amount collected by a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, to the relevant Special Self-Governing City, Special Self-Governing Province, or Si/Gun/Gu (the relevant Gu refers to the relevant autonomous Gu).

(4) Where a person liable to pay a toll and an additional toll on a toll road (only applicable to a motorway) managed by the Korea Highway Corporation incorporated pursuant to the Korea Highway Corporation Act as an authorized administrator of toll roads fails to pay such tolls, the Korea Highway Corporation may collect such tolls in the same manner as delinquent national taxes are collected, with approval therefor from the Minister of Land, Infrastructure and Transport, or in accordance with the Act on the Collection of Local Administrative Penalty Charges, as prescribed by Presidential Decree. <Amended on Mar. 23, 2013; Jan. 6, 2015; Jan. 16, 2018; Mar. 24, 2020>(5) The Minister of Land, Infrastructure and Transport may entrust the support center for managing public-private partnership roads under Article 23-7 with receiving tolls and additional tolls, as entrusted under paragraph (2). <Added on Jan. 16, 2018>(6) Where the support center for managing public-private partnership roads is entrusted with receiving tolls and additional tolls under paragraph (5), it may collect such tolls in the same manner as delinquent national taxes are collected, with approval therefor from the Minister of Land, Infrastructure and Transport, or in accordance with the Act on the Collection of Local Administrative Penalty Charges, as prescribed by Presidential Decree. In such cases, the authorized administrators of toll roads shall pay to the support center for managing public-private partnership roads an amount equivalent to 10/100 of the amount collected by the support center for managing public-private partnership roads. <Added on Jan. 16, 2018; Mar. 24, 2020>[This Article Wholly Amended on Dec. 18, 2012][Title Amended on Jan. 26, 2018]

Article 21-2Establishment and operation of vehicle image recognition systems

(1) The toll road management authorities or authorized administrators of toll roads may establish and operate a system that collects and manages image information of vehicles passing through the relevant toll road (hereinafter referred to as "vehicle image recognition system") in order to impose and collect tolls and additional tolls.

(2) The toll road management authorities or the authorized administrators of the relevant toll road that collects tolls in a lump sum pursuant to Article 18-2 may share information processed by a vehicle image recognition system (hereinafter referred to as "vehicle image information").

(3) The establishment and operation of a vehicle image recognition system under paragraph (1) and the sharing of vehicle image information under paragraph (2) shall be governed by the Personal Information Protection Act and the Act on the Protection and Use of Location Information.

(4) In addition to the matters provided for in paragraphs (1) and (2), matters necessary for the establishment and operation of a vehicle image recognition system and the sharing of vehicle image information shall be prescribed by Presidential Decree.[This Article Added on Feb. 3, 2016]

Article 21-3Requests for information for imposing tolls

(1) Where it is essential for conducting the following affairs, the toll road management authorities, an authorized administrator of toll roads, or the support center for managing public-private partnership roads may request the heads of the relevant central administrative agencies or local governments to provide necessary information. In such cases, those who received such request shall comply therewith unless there is a compelling reason not to do so: <Amended on Jan. 16, 2018>1. Reducing or exempting tolls;

2. Imposing, collecting, or compulsorily collecting unpaid tolls (excluding the reduced or exempted tolls where a person liable to pay tolls receives such toll reduction or exemption; hereinafter the same shall apply);

3. Imposing, collecting, or compulsorily collecting additional tolls.

(2) The information which the toll road management authorities, an authorized administrator of toll roads, or the support center for managing public-private partnership roads may request under paragraph (1) shall be the following related to persons subject to reducing or exempting, imposing, collecting, or compulsorily collecting tolls under the subparagraphs of paragraph (1) (referring to the owner of the relevant vehicle where it is impracticable to identify a person who used a toll road, in cases of unpaid tolls and additional tolls); provided, only the toll road management authorities, the Korea Expressway Corporation established pursuant to the Korea Expressway Corporation Act, or the support center for managing public-private partnership roads may request the information referred to in subparagraph 4: <Amended on Jan. 16, 2018>1. The name (the corporate name, in cases of a corporation) and address of the relevant person;

2. The color and make of the relevant vehicle;

3. The car registration number or construction machinery registration number, and information related to modifying, transferring, or canceling the registration of the vehicle;

4. The resident registration number, corporation registration number, alien registration number, or information related to the seizure of the vehicle;

5. Information prescribed by Presidential Decree as necessary for identifying those eligible for toll reduction or exemption under Article 15 (2).

(3) The toll road management authorities, an authorized administrator of toll roads, or the support center for managing public-private partnership roads shall safely manage the information provided under paragraph (1) in accordance with the Personal Information Protection Act, and shall destroy such information without delay when the purpose of providing the information has been achieved. <Amended on Jan. 16, 2018>[This Article Added on Mar. 21, 2017]

Article 22Reversion of tolls

Where the Minister of Land, Infrastructure and Transport collects tolls and additional tolls on toll roads collected pursuant to this Act, such tolls shall be vested in the National Treasury as its revenue, and where the local road management authorities collect such tolls, such tolls shall be vested in the relevant local government as its revenue; provided, in cases of toll roads to which the authority to manage the toll road is created, tolls and additional tolls shall be vested in the authorized administrator of toll roads as his or her revenue. <Amended on Mar. 23, 2013>[This Article Wholly Amended on Dec. 18, 2012]

Article 23Restrictions on use of collected tolls

No tolls and additional tolls vested in the National Treasury or a local government pursuant to Article 22 shall be used for purposes other than any of the following purposes:

1. Repayment of the principal of and interest on costs incurred in the construction or upgrading of a toll road;

2. Costs incurred in relation to the construction, upgrading, maintenance, repair or management of a road (including a toll road and an access road to the toll road).[This Article Wholly Amended on Dec. 18, 2012]

Article 23-2Responsibilities of the government

(1) The Minister of Land, Infrastructure and Transport shall endeavor to create an environment in which a person who has the right to manage a public-private partnership toll road (hereinafter referred to as "public-private partnership road business entity") can maintain and manage the public-private partnership road safely and efficiently.

(2) The Minister of Land, Infrastructure and Transport shall determine and publicly notify standards for maintaining, managing, and operating public-private partnership roads to create the environment referred to in paragraph (1).

(3) The toll road management authorities shall annually evaluate the operation of public-private partnership roads within its jurisdiction, according to the standards for maintaining, managing, and operating public-private partnership roads under paragraph (2).

(4) The toll road management authorities may issue an order to take necessary measures according to the results of evaluation of the operation under paragraph (3), such as conducting construction works for public-private partnership roads and improving systems for maintaining and managing public-private partnership roads.

(5) The procedures and methods for the evaluation of operation under paragraph (3) and other necessary matters shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.[This Article Added on Jan. 16, 2018]

Article 23-3Obligations of public-private partnership road business entities

(1) A public-private partnership road business entity shall endeavor to safely and efficiently manage public-private partnership roads and promote users' convenience.

(2) A public-private partnership road business entity shall comply with the standards for maintaining, managing, and operating public-private partnership roads under Article 23-2 (2).

(3) A public-private partnership road business entity shall comply with the orders issued under Article 23-2 (4), and shall report the results of its compliance to the relevant toll road management authorities.

(4) A public-private partnership road business entity shall formulate and implement a mid-term plan for the maintenance, management, and operation (hereinafter referred to as "plan for maintenance and management") of public-private partnership roads within its jurisdiction on a five-year basis for the systematic management of public-private partnership roads. <Added on Dec. 22, 2020>(5) A plan for maintenance and management under paragraph (4) shall include the following: <Added on Dec. 22, 2020>1. Objectives and direction-setting for maintenance, management, and operation of public-private partnership roads;

2. Matters concerning the maintenance and management of facilities of public-private partnership roads, such as repair, reinforcement, replacement, inspection, etc.;

3. Matters concerning expenses incurred in maintenance, management, and operation of public-private partnership roads;

4. Matters concerning securing of human resources and equipment required for maintenance, management, and operation of public-private partnership roads;

5. Matters concerning a system for taking measures to ensure traffic safety in emergency, including calamities, disasters;

6. Matters concerning the establishment and operation of an information management system for public-private partnership roads;

7. Other matters prescribed by Presidential Decree as necessary for efficient management of public-private partnership roads.

(6) A public-private partnership road business entity shall formulate and implement an annual implementation plan (hereinafter referred to as "implementation plan for maintenance and management") in compliance with the plan for maintenance and management. <Added on Dec. 22, 2020>(7) Where a public-private partnership road business entity establishes a plan for maintenance and management and an implementation plan for maintenance and management, he or she shall submit such plan to the toll road management authorities, as prescribed by Decree of the Ministry of Land, Infrastructure and Transport. <Added on Dec. 22, 2020>(8) The toll road management authorities shall examine the appropriateness, etc. of the plan for maintenance and management and the implementation plan for maintenance and management submitted under paragraph (7) and may request a public-private partnership road business entity to revise or supplement the plan, if necessary. In such cases, a public-private partnership road business entity requested to revise or supplement the plan shall comply therewith, unless a compelling reason exists not to do so. <Added on Dec. 22, 2020>(9) Other matters necessary for the timing of establishment of a plan for maintenance and management and an implementation plan for maintenance and management, details of an implementation plan for maintenance and management, etc. shall be prescribed by Presidential Decree. <Added on Dec. 22, 2020>[This Article Added on Jan. 16, 2018]

Article 23-4Reporting to the National Assembly

(1) The Minister of Land, Infrastructure and Transport shall prepare a report on the status of constructing, maintaining, and managing public-private partnership roads funded by the State pursuant to Article 53 of the Act on Public-Private Partnerships in Infrastructure, and shall submit the report to the competent Standing Committee of the National Assembly by not later than May 31 each year.

(2) The Minister of Land, Infrastructure and Transport may request public-private partnership road business entities to submit necessary data to prepare a report under paragraph (1).[This Article Added on Jan. 16, 2018]

Article 23-5Requests for amending concession agreement due to changes in circumstances

(1) If any of the following cases occurs because there are any substantial changes in circumstances or a public-private partnership road business entity violates law, the relevant toll road management authorities may request the public-private partnership road business entity to explain the cause or to prepare measures for eliminating the cause:

1. Where for three consecutive years, the actual annual traffic volume is less than 70/100 of the traffic volume specified in the concession agreement defined in subparagraph 6 of Article 2 of the Act on Public-Private Partnerships in Infrastructure (hereinafter referred to as "concession agreement");

2. Where for three consecutive years, the actual annual revenue is less than 70/100 of the toll revenue specified in the concession agreement;

3. Where a public-private partnership road business entity changes his or her capital ratio specified in the concession agreement to a ratio lower than the standard ratio specified by Presidential Decree; provided, excluded herefrom shall be cases where such ratio is changed with approval from the competent authority defined in subparagraph 4 of Article 2 of the Act on Public-Private Partnerships in Infrastructure;

4. Where a public-private partnership road business entity has borrowed a loan from his or her shareholders at an interest rate exceeding the standard rate specified by Presidential Decree;

5. Where the category or grade of a road is changed;

6. Cases prescribed by Presidential Decree where it is deemed necessary to amend a concession agreement due to a significant change in traffic conditions.

(2) Upon receiving a request under paragraph (1), a public-private partnership road business entity shall explain the cause or prepare measures for eliminating the cause, within 30 days from the date such entity is so requested by the relevant toll road management authorities.

(3) In any of the following cases, the toll road management authorities may request an amendment of a concession agreement, after consulting thereon with the support center for managing public-private partnership roads under Article 23-7:

1. Where a public-private partnership road business entity fails to offer an explanation or fails to adequately explain the cause under paragraph (2);

2. Where a public-private partnership road business entity fails to prepare measures for eliminating a cause in accordance with paragraph (2);

3. Where it is found impossible or impracticable to eliminate a cause under paragraph (1) by taking the measures for eliminating the cause under paragraph (2).

(4) If a public-private partnership road business entity fails to comply with a request made under paragraph (3), the relevant toll road management authorities need not fully or partially pay subsidies and financial support stipulated in the concession agreement.[This Article Added on Jan. 16, 2018]

Article 23-6Subsidies for public-private partnership road business entities

If any additional expense is incurred by a public-private partnership road business entity due to a change in any relevant policy, an amendment to any relevant statute or regulation, or any similar event, the toll road management authorities may fully or partially subsidize such expense.[This Article Added on Jan. 16, 2018]

Article 23-7Designation of support center for managing public-private partnership roads

(1) In order to efficiently supervise public-private partnership roads, the Minister of Land, Infrastructure and Transport may designate either of the following institutions as the support center for managing public-private partnership roads (hereinafter referred to as the "management support center"), within the period prescribed by Presidential Decree:

1. A government-funded research institute under the Act on the Establishment, Operation and Fostering of Government-Funded Research Institutes;

2. A public institution under the Act on the Management of Public Institutions.

(2) The management support center shall perform the following functions: <Amended on Dec. 22, 2020>1. Providing advice and assistance as to a concession agreement;

2. Estimating traffic demands for public-private partnership roads and advising on and assisting in calculating reasonable tolls and operating expenses;

3. Providing advice on and assistance as to the standards for maintaining, managing, and operating public-private partnership roads under Article 23-2 (2) and the evaluation of operation under Article 23-2 (3);3-2. Providing advice and assistance as to the establishment and examination of a plan for maintenance and management and an implementation plan for maintenance and management under Article 23-3 (4), (6), and (8);

4. Receiving tolls and additional tolls, as entrusted under Article 21 (5), and collecting tolls and additional tolls under Article 21 (6);

5. Performing functions entrusted by the Minister of Land, Infrastructure and Transport or the toll road management authorities under paragraph (6);

6. Other functions prescribed by Decree of the Ministry of Land, Infrastructure and Transport for assisting in supervising public-private partnership roads.

(3) When the Minister of Land, Infrastructure and Transport intends to designate an institution as the management support center under paragraph (1), he or she shall consider the expertise of the institution for public-private partnership roads.

(4) The Minister of Land, Infrastructure and Transport may subsidize the management support center for expenses incurred in performing its functions, within the budgetary limits.

(5) In either of the following cases, the Minister of Land, Infrastructure and Transport may revoke the designation of the management support center; provided, such designation shall be revoked in the case of subparagraph 1:

1. Where the management support center has obtained the designation by fraud or other improper means;

2. Where the management support center breaches any condition attached to the designation while performing its functions.

(6) The Minister of Land, Infrastructure and Transport or the toll road management authorities may entrust the management support center with functions prescribed by Decree of the Ministry of Land, Infrastructure and Transport as those to be performed under this Act and the Act on Public-Private Partnerships in Infrastructure in connection with public-private partnership roads.[This Article Added on Jan. 16, 2018]

Article 23-8Methods for managing public-private partnership roads after period for private-sector use expires

(1) The relevant public-private partnership road shall be managed as follows after the expiration of the period during which the project implementer may use and benefit from the road, free of charge, under Article 25 (1) of the Act on Public-Private Partnerships in Infrastructure:

1. The relevant public-private partnership road shall be managed as a road referred to in Article 10 of the Road Act (excluding motorways);

2. The management of a public-private partnership road shall be entrusted to the Korea Highway Corporation incorporated under the Korea Highway Corporation Act or a corporation incorporated under the Local Public Enterprises Act;

3. The relevant public-private partnership road shall be extended or improved and then managed as prescribed in subparagraph 1 or 2 of Article 4 of the Act on Public-Private Partnerships in Infrastructure.

(2) Notwithstanding Articles 16 and 17 (1), the toll road management authorities or non-road management authorities may determine tolls for a road managed under paragraph (1) 2 or 3 within the scope necessary for efficiently maintaining and managing such road.

(3) Matters necessary for the guidelines, methods, procedure, etc. for calculating tolls under paragraph (2) shall be prescribed by Decree of the Ministry of Land, Infrastructure and Transport.[This Article Added on Jan. 16, 2018]