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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON MEASURES TO EASE TRAFFIC FLOW OF CONSTRUCTION SITES OCCUPYING ROADS

Article 1 (Purpose) The purpose of this Ordinance is to provide for matters concerning measures to ease traffic flow to minimize traffic congestion that occurs when construction works are performed while occupying a road pursuant to subparagraph 4 (b) of attached Table 2 to the Enforcement Decree of the Road Act as well as to ensure the safety and smooth flow of pedestrians and motor vehicles. <Amended by Ordinance No. 6016, Oct. 8, 2015>

Article 2 (Definitions) The terms used in this Ordinance are defined as follows: <Amended by Ordinance No. 6619, Sep. 21, 2017>
1. The term "road" means a "Special Metropolitan Government road" pursuant to Article 14 of the Road Act;
2. The term "construction works while occupying a road" (hereinafter referred to as "construction works") means construction works subject to application under Article 3;
3. The term "measures to ease traffic flow" means matters provided for on the guidance of traffic flow, the installation of construction notice signs and traffic direction signs, etc. based on the traffic impact analysis for the safety and smooth flow of pedestrians and motor vehicles when performing construction works while occupying a road.

Article 3 (Subject Matter of Application) The following construction works occupying at least one lane of a road, whose period of occupation is exceeding 20 days (in the case of a driveway, ten days), shall be subject to application of this Ordinance:
1. New construction, reconstruction or maintenance of a road, and construction works of appurtenances to a road;
2. Construction of subway and maintenance thereof;
3. Water and sewerage, and gas pipe works;
4. Power supply and communications works;
5. Construction works while occupying a road other than those referred to in subparagraphs 1 through 4.

Article 4 (Formulation of Measures to Ease Traffic Flow) (1) A person who intends to perform construction works shall formulate measures to ease traffic flow concerning such construction works and submit the same to the Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor"): Provided, That the Mayor may have him or her formulate measures to ease traffic flow for each year with regard to the construction works that are expected to seriously risk the safety and smooth flow of pedestrians and motor vehicles due to the change in road environment when performing construction works while occupying a road for more than a year. <Amended by Ordinance No. 6619, Sep. 21, 2017>
(2) The Mayor may have him or her establish measures to ease traffic flow before the approval of working design with regard to the construction with total cost of at least 10 billion won or a period of at least a year while occupying a road. <Newly Inserted by Ordinance No. 6619, Sep. 21, 2017>
(3) Measures to ease traffic flow to be submitted under paragraph (1) shall include the following: <Amended by Ordinance No. 6619, Sep. 21, 2017>
1. Matters concerning the period and block of time of construction works, method of conducting construction works, method of traffic control, etc.;
2. Matters concerning installing a construction notice sign, a traffic direction sign and a traffic control sign;
3. Matters concerning placing traffic guidance personnel;
4. Matters concerning installing a detour guidance sign, if guidance for a detour is required;
5. Matters concerning the prior notice on the commencement of construction works;
6. Matters concerning installing a close-circuit television camera (CCTV) for inspection of a construction site;
7. Other matters necessary for the safety and smooth flow of pedestrians and motor vehicles.
(4) Where the following areas or roads are included in a road occupied by construction works subject to application, the Mayor may request him or her to add matters necessary to ensure the safety of children, senior citizens, or persons with disability using such an area or road, such as securing traffic safety facilities and passages, in the measures to ease traffic flow submitted under Article 1: <Newly Inserted by Ordinance No. 7578, May 19, 2020>
1. Protection areas for children pursuant to Article 12 of the Road Traffic Act and protection areas for older persons or persons with disabilities pursuant to Article 12-2 of the same Act;
2. Children’s commuting routes pursuant to Article 6 of the Seoul Metropolitan Government Ordinance on Traffic Safety of Children’s Commuting Routes.

Article 5 (Examination of Measures to Ease Traffic Flow) With regard to measures to ease traffic flow that are expected to seriously risk the safety and smooth flow of pedestrians and motor vehicles owing to the construction works at issue, the Mayor may request a person who intends to perform such construction works to adjust hours for occupying the road or to change the location of the detour guidance sign.

Article 6 (Changes to Measures to Ease Traffic Flow) Where any change to the following matters occurs in a construction plan, the construction entity shall submit the details thereof to the Mayor:
1. Where the construction period is extended by at least 20/100 thereof;
2. Where the location of a construction area is moved to another block passing through a crossroad;
3. Where the portion of a road occupied in the construction area is changed by at least one lane to the crossing direction of the road axis;
4. Where it is impossible to implement measures to ease traffic flow.

Article 7 (Designation of Proxy) A person who intends to perform construction works may have a traffic impact analysis and improvement planning contractor registered under Article 26 of the Urban Traffic Improvement Promotion Act formulate measures to ease traffic flow on his or her behalf.

Article 8 (Ascertainment as to whether Measures to Ease Traffic Flow are Implemented) (1) If necessary, the Mayor may designate a public official in the field of traffic management and have him or her ascertain whether measures to ease traffic flow of a construction site are implemented. <Amended by Ordinance No. 6619, Sep. 21, 2017>
1. Public officials in the field of traffic administration;
2. A person who has graduated from the department related traffic, or equivalent qualification holder, etc.
(2) A person who performs the ascertainment under Article 8 (1) 2 shall be paid the wage on the basis of the wage system for living in Seoul. <Newly Inserted by Ordinance No. 6619, Sep. 21, 2017>

Article 9 (Formation and Operation of Advisory Council of Measures to Ease Traffic Flow of Construction Sites Occupying Roads) (1) There is established an Advisory Council of Measures to Ease Traffic Flow of Construction Sites Occupying Roads (hereinafter referred to as the "Advisory Council") to deliberate on measures to ease traffic flow and to provide advice and suggestion as requested by the Mayor.
(2) The Advisory Council shall be comprised of at least seven persons but not more than 15 persons, including one chairperson, and members shall be appointed or commissioned by the Mayor among any of following. In such cases, members referred to in subparagraph 2 shall comprise the majority: <Amended by Ordinance No. 6619, Sep. 21, 2017>
1. Relevant public officials;
2. Those who have abundant knowledge and experience in the fields of traffic and civil engineering.
(3) The term of office of an appointed member shall be his or her tenure of office; the term of office of a commissioned member shall be two years, which may be renewed consecutively; and the term of office of a member filling a vacancy shall be the remaining period of his or her predecessor.
(4) The Director of the Transportation Operation Division shall serve as the chairperson, and the vice chairperson shall be elected by and from among outside members who are not public officials. <Amended by Ordinance No. 5137, Jul. 28, 2011>
(5) Meetings of the Advisory Council shall be categorized as regular meetings held semi-monthly and extraordinary meetings held whenever necessary, both of which shall be called by the chairperson.
(6) A majority of the members of the Advisory Council shall constitute a quorum and any decision thereof shall require the concurring vote of a majority of those present..
(7) Allowances and travel expenses may be paid to the members who are not public officials present at a meeting of the Advisory Council within the budget.
(8) The chairperson shall determine other matters necessary for the operation of the Advisory Council through the resolution by the Advisory Council.

Article 10 (Corrective Orders) Where a construction entity fails to implement measurers to ease traffic flow that he or she has submitted and to comply with requests made under Article 5 without justifiable grounds, the Mayor shall issue a corrective order to him or her.

Article 11 (Measures against Offenders) Where a construction entity fails to obey a corrective order issued to him or her pursuant to Article 10, the Mayor shall take measures in accordance with Article 117 (2) of the Road Act. <Amended by Ordinance No. 6619, Sep. 21, 2017>

Article 12 (Delegation of Administrative Affairs) The Mayor shall delegate the formulation of measures to ease traffic flow of a construction site for construction works referred to in any subparagraph of Article 3, whose period of occupation of a road is at least 20 days (10 days for exclusive road for motor vehicles), to the head of the competent Gu.

Article 13 (Restoration to Original State) (1) A person who has performed construction works shall make a report on restoration after completion of construction and submit it to the Mayor.
(2) Where the restoration is expected to seriously risk the smooth flow due to the change in traffic environment, the Mayor may request the change of traffic safety facilities to a person who has enforced construction works.
[This Article Newly Inserted by Ordinance No. 6619, Sep. 21, 2017]

Article 14 (Matters to be Observed by Construction Entity and Proxy) (1) A construction entity and a proxy designated under Article 7 shall prepare the result of measures to ease traffic flow in electronic form and submit it to the Mayor according to the operating plan of measures to ease traffic flow in the construction sites occupying roads by no later than the starting of construction.
(2) Materials that is difficult to make public due to the cause of significant disruption in the business promotion need not be submitted with approval of the Mayor.
[This Article Newly Inserted by Ordinance No. 6619, Sep. 21, 2017]

ADDENDA
Article 1 (Enforcement Date)
This Ordinance shall enter into force three months after the date of its promulgation.
Article 2 (Transitional Measures)
Measures to ease traffic flow which have undergone deliberation by the previous Seoul Metropolitan Advisory Council of Traffic of Construction Sites Occupying Roads at the time this Ordinance enters into force, shall be deemed to have undergone deliberation by the Seoul Metropolitan Advisory Council of Measures to Ease Traffic Flow of Constructions Sites Occupying Roads under the provisions of Article 9.
ADDENDA <Ordinance No. 4265, Mar. 17, 2005>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures concerning Application for Permit to Occupy Driveways) The previous provisions shall apply to persons who have applied for a permit to occupy a driveway, the period of occupation of which is at least ten days but not more than 30 days at the time this Ordinance enters into force.
ADDENDA <Ordinance No. 4464, Jan. 2, 2007>
(1) (Enforcement Date) This Ordinance shall enter into force on the date of its promulgation.
(2) (Transitional Measures) The previous provisions shall apply to persons who have applied for a permit to occupy a Special Metropolitan Government road, the period of occupation of which is at least 20 days but not more than 30 days at the time this Ordinance enters into force.
ADDENDA <Ordinance No. 4746, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures)
The previous provisions shall apply to persons who have applied for a permit to occupy a road before this Ordinance enters into force.
ADDENDA <Ordinance No. 5137, Jul. 28, 2011>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
Article 2 Omitted.
ADDENDUM <Ordinance No. 6016, Oct. 8, 2015>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 7578, May 19, 2020>
This Ordinance shall enter into force on the date of its promulgation.