SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE MANAGEMENT OF ROADS AND OTHER MAJOR FACILITIES
- Enactment No. 3497, Apr. 30, 1998
- Amendment of Other Laws No. 3565, Mar. 15, 1999
- Partial Amendment No. 3726, Mar. 10, 2000
- Amendment of Other Laws No. 3760, Jul. 15, 2000
- Whole Amendment No. 3909, Sep. 29, 2001
- Partial Amendment No. 4097, May. 15, 2003
- Partial Amendment No. 4320, Sep. 30, 2005
- Amendment of Other Laws No. 4329, Nov. 10, 2005
- Partial Amendment No. 4566, Oct. 01, 2007
- Amendment of Other Laws No. 4595, Dec. 26, 2007
- Amendment of Other Laws No. 4616, Apr. 03, 2008
- Partial Amendment No. 4659, Jul. 30, 2008
- Amendment of Other Laws No. 5137, Jul. 28, 2011
- Amendment of Other Laws No. 5208, Dec. 29, 2011
- Partial Amendment No. 5560, Aug. 01, 2013
- Partial Amendment No. 5649, Jan. 09, 2014
- Partial Amendment No. 5734, Jul. 17, 2014
- Amendment of Other Laws No. 5767, Dec. 11, 2014
- Partial Amendment No. 5784, Dec. 30, 2014
- Partial Amendment No. 5953, Jul. 30, 2015
- Partial Amendment No. 6237, May. 19, 2016
- Partial Amendment No. 6515, May. 18, 2017
- Partial Amendment No. 6934, Oct. 04, 2018
- Amendment of Other Laws No. 7154, May. 16, 2019
- Amendment of Other Laws No. 7217, Jul. 18, 2019
- Partial Amendment No. 7260, Jul. 18, 2019
- Amendment of Other Laws No. 7782, Dec. 31, 2020
- Partial Amendment No. 8288, Dec. 30, 2021
Partial Amendment No. 5734, Jul. 17, 2014 | Amendment of Other Laws No. 5767, Dec. 11, 2014 |
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CHAPTER Ⅰ GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary to maintain and manage the safety of major facilities of the Seoul Metropolitan Government in order to develop a safe and comfortable living environment for citizens.
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Article 2 (Scope of Application)
Except as otherwise provided for in any other Act, subordinate statute, or ordinance, the management of the following major facilities of the Seoul Metropolitan Government (hereinafter referred to as "facilities") shall be governed by this Ordinance:
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Article 3 (Definitions)
Terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 4566, Oct. 1, 2007; Ordinance No. 4695 Jul. 30, 2008>
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Article 4 (Designation of General Manager)
(1) The Mayor shall designate the General Director of the City's Public Safety Headquarters as a general manager for the following facilities: <Amended by Ordinance No. 4097, May 15, 2003; Ordinance No. 4566, Oct. 1, 2007; Ordinance No. 4616, Apr. 3, 2008; Ordinance No. 4659, Jul. 30, 2008; Ordinance No. 5137, Jul. 28, 2011>
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Article 5 (Delegation of Management)
(1) The agencies responsible for the management of each facility shall be as specified in attached Table, and the Mayor shall delegate his/her authority for the maintenance and management of each facility or road fixture to the manager specified in attached Table. <Amended by Ordinance No. 4659, Jul. 30, 2008>
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Article 6 (Establishment and Implementation of Plans)
(1) A manager shall establish a plan for the safety, maintenance, and management of each facility for every five years with regard to Class-I and -II facilities, utility tunnels, river-covering structures, rivers, and river facilities, and shall establish and implement an implementation plan for each year according to the plan mentioned above. <Amended by Ordinance No. 4566, Oct. 1, 2007; Ordinance No. 4659, Jul. 30, 2008>
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Article 7 (Performance of Safety Inspections)
(1) A manager shall perform a safety inspection, taking into consideration the nature of each facility, and the Mayor may specify a tighter safety inspection cycle for the facilities for which the Mayor considers it necessary due to the conditions and aging of the facilities.
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Article 8 (Securing Workforce, Equipment, etc.)
(1) A manager shall secure workforce and equipment appropriate for safety inspections in accordance with special features of each facility, such as mobile equipment, equipment for access, and nondestructive equipment, so as to prevent any trouble in performing safety inspections.
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Article 9 (Performance of Close Safety Examinations)
(1) A manager shall perform close safety examinations on facilities under his/her responsibility as follows:
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Article 10 (Establishment of System for Handling Accidents)
A manager shall establish a system for handling accidents, such as the system and guidelines for control and methods for recovery, in preparation for cases where various kinds of accidents occur in a facility due to any defects of the facility itself or any other external cause.
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CHAPTER Ⅱ ROADS AND ROAD FACILITIES
Article 11 (Execution of Road Works)
(1) A person who intends to carry out any construction works on a road shall prepare measures for traffic control to ensure the safety of workers and pedestrians and a smooth traffic flow and submit them to the competent manager.
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Article 12 (Performance of Safety Inspections)
A manager shall perform safety inspections on roads and road facilities as follows:
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Article 13 (Classification of Conditions of Facilities)
A manager shall classify roads and road facilities into the following safety grades for management, based on results of safety inspections and close safety examinations:
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Article 14 (Designation of Dangerous Facilities)
(1) A manage shall designate a road or a road facility as a dangerous facility, if its safety grade under Article 13 is rated Grade D or E.
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Article 15 (Repair, Improvement, etc.)
(1) In order to ensure the efficient and systematic performance of works for repairing and improving roads and road facilities, a manager shall establish a plan for repair and improvement of each road or road facility according to the safety grade under Article 13 and shall reflect the plan in the plan for the safety, maintenance, and management under Article 6.
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Article 16 (Maintenance and Management of Street Lamps and Mechanical and Electrical Facilities)
(1) A manager shall maintain and manage street lamps and mechanical and electrical facilities to ensure the safe traffic of vehicle drivers and pedestrians.
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CHAPTER Ⅲ UTILITY TUNNELS
Article 17 (Management of Utility Tunnels)
(1) A manager shall manage the main body of each utility tunnel and facilities ancillary to the tunnel: Provided, That a person who occupies part of a utility tunnel for a facility installed in the utility tunnel (hereinafter referred to "occupant") shall be responsible for the management of the facility installed therein and facilities auxiliary thereto (hereafter referred to in this Chapter as "occupying facilities").
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Article 18 (Organization and Operation of Council for Management of Utility Tunnels)
(1) The Mayor shall establish the Council for the Management of Utility Tunnels of the Seoul Metropolitan Government (hereinafter referred to as the "Council") in the City's Public Safety Headquarters of the Seoul Metropolitan Government to deliberate on important matters regarding the management of utility tunnels, including the allocation of expenses for the safety inspection of utility tunnels and the improvement and management of facilities, and may establish a working council for the management of each utility tunnel, if necessary. <Amended by Ordinance No. 4097, May 15, 2003; Ordinance No. 4593, Dec. 26, 2007; Ordinance No. 5137, Jul. 28, 2011>
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Article 19 (Preparation of Drawings for Maintenance and Management)
(1) A manager shall prepare and maintain drawings for the maintenance and management of each utility tunnel (hereinafter referred to as "drawings") by surveying the tunnel based on detailed design drawings, completion drawings, and other relevant drawings and shall modify or supplement the drawings without delay, whenever there is any change.
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Article 20 (Performance of Safety Inspections)
(1) Each manager and occupant shall perform inspections on the main body of each utility tunnel, ancillary facilities, and occupying facilities as follows:
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Article 21 (Inspections and Close Safety Examinations)
(1) If a manager considers it necessary for safety in a utility tunnel, he/she may request each occupant to perform an inspection or a close safety examination on occupying facilities under his/her control within a period specified by the manager.
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Article 22 (Approval of Construction Works)
(1) When an occupant intends to carry out construction works for installing or repairing occupying facilities (hereinafter referred to as "construction works"), he/she shall obtain prior approval thereof from the competent manager.
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Article 23 (Execution of Construction Works)
(1) A person who carries out any construction works inside a utility tunnel shall comply with safety regulations prescribed by the competent manager on the execution of construction works.
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Article 24 (Measures in Emergency Cases)
(1) When any trouble has occurred, or is likely to occur, in an occupying facility due to an electric fault, fire, or water leakage, he/she shall report it to the competent manager without delay and shall take necessary measures. In such cases, the procedure for prior approval under Article 22 (1) may be omitted.
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Article 25 (Settlement of Damages or Disputes)
If any injury is inflected on a third party or a civil or criminal case arises or an accident occurs in the course of the installation or management of an occupying facility, or the execution of construction works for an occupying facility, the occupant of the relevant facility shall be liable for such injury or such case or accident.
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Article 26 (Security-Related Matters)
An occupant shall comply with regulations prescribed by the competent manager on the security of utility tunnels with respect to security and disaster prevention in connection with the management of utility tunnels.
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CHAPTER Ⅳ FACILITIES FOR TRAFFIC SAFETY AND CONTROL
Article 26-2 (Management of Facilities for Traffic Safety)
(1) When a manager responsible for facilities for traffic safety establishes, implements, or revises an annual plan for safety, maintenance, and management, he/she shall report it to the Mayor.
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Article 27 (Establishment and Implementation of Plans for Safety, Maintenance, and Management of Road Signs)
(1) A manager shall establish and implement a plan for the safety, maintenance, and management of road signs each year (hereafter referred to in this Article as "maintenance and management plan") and shall submit the maintenance and management plan to the Mayor, whenever the plan is established or revised. <Amended by Ordinance No. 4566, Oct. 1, 2007>
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Article 28 (Establishment of Road Sign System)
(1) In order to promote the efficient management of road signs, the Mayor shall establish a road sign system and permit managers to utilize the system jointly.
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Article 29 (Inspection of Road Signs)
(1) A manager shall perform a periodic inspection on road signs on a quarterly basis, shall also perform occasional inspections, whenever necessary, to ensure to maintain road signs in good condition, and shall keep and maintain the records of the results of such inspections.
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Article 30 (Management of Unmanned Control System)
The works for the management of the unmanned control system shall be as follows:
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Article 31 (Management of Smart Traffic System)
(1) The works for the management of the smart traffic system shall be as follows:
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Article 32 (Inspection of Smart Traffic System, Unmanned Control System, etc.)
A manager shall perform periodic and occasional inspections on the smart traffic system and the unmanned control system, shall repair the systems without delay, if necessary, and shall keep and maintain records of the results of such inspections.
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Article 33 (Improvement of Facilities of Unmanned Control System)
A manager shall analyze environmental changes to roads where the smart traffic system is installed and evaluate the performance of the operation of the system at least once a year, and may adjust the method and time of control, if necessary.
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Article 34 (Road Works at Points where Smart Traffic System or Unmanned Control System is Installed)
A person who has the authority to grant a permit for the excavation and occupancy of a road at a point where the smart traffic system or the unmanned control system (including a person who has the authority to accept reports thereon) shall consult with the manager responsible for the facility at issue in advance before granting a permit.
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CHAPTER Ⅴ RIVER-COVERING STRUCTURES
Article 35 (Designation of Occupants, etc.)
(1) A road, a building, an apparatus, or a facility (hereafter referred to in this Chapter as "facility") installed on a structure covering a river (hereinafter referred to as "covering structure") shall be managed by the person who installed or uses the facility (hereafter referred to in this Chapter as "occupant").
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Article 36 (Safety Inspections, etc.)
(1) An occupant shall perform a safety inspection under Article 6 of the Special Act on the main body of each covering structure by deeming it as a Class-Ⅱ facility in order to keep the covering structure safe. <Amended by Ordinance No. 4659, Jul. 30, 2008>
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Article 37 (Patrol of Facilities)
(1) An occupant shall establish and implement a patrol plan for the facilities under his/her control to secure the safety of covering structures and facilities and maintain the functions of such facilities in good condition.
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Article 38 (Execution of Construction Works for Covering Rivers)
If a manager intends to cover a river to use it, he/she shall include it in the basic plan for the improvement of rivers for deliberation by the Committee for the Management of Local Rivers of the Seoul Metropolitan Government under Article 87 of the River Act. <Amended by Ordinance No. 4659, Jul. 30, 2008>
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Article 39 (Keeping Documents)
(1) When an occupant carries out patrols, safety inspections, or works for maintenance, repair, or improvement, he/she shall keep the following documents:
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CHAPTER Ⅵ RIVERS AND RIVER FACILITIES
Article 40 (Plans for Safety, Maintenance, and Management)
A plan for safety, maintenance, and management under Article 6 shall include the following matters:
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Article 41 (Performance of Safety Inspections)
(1) A manager shall perform a safety inspection on a river as follows:
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Article 42 (Repairing Works)
(1) A manager shall repair river facilities in accordance with the results of inspections on river facilities and the plan for maintenance and management of such facilities in order to maintain the safety and functions of the facilities.
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Article 43 (Keeping Documents)
(1) A manager shall keep the following documents about river facilities:
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CHAPTER Ⅶ SEWERAGE FACILITIES
Article 44 (Plan for Safety, Maintenance, and Management)
The Guidelines for the Maintenance and Management of Sewerage Culverts (Ministry of Environment) shall apply mutatis mutandis to the plan for the safety, maintenance, and management of sewerage culverts.
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Article 45 (Performance of Safety Inspections)
(1) A manager shall perform the following safety inspections in order to maintain the safety and functions of sewerage facilities:
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Article 46 (Management of other Ancillary Road Facilities)
As regards other ancillary road facilities not specified in this Ordinance, a manager or the head of an autonomous Gu shall be responsible for the management of such facilities in accordance with the details of the maintenance and management of facilities in attached Table.
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CHAPTER Ⅷ SUPPLEMENTARY PROVISIONS
Article 47 (Subsidization of Expenses)
The Mayor may fully or partially subsidize expenses, when he/she delegates or entrusts any works for the maintenance and management of facilities.
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Article 48 (Payment of Rewards for Reporting)
(1) A reward may be paid to a person who reports the failure in a facility or a person who has damaged or destroyed a facility within budget limit for the efficient management of road facilities, ancillary road facilities, and facilities for traffic safety and control. In such cases, the reward for reporting shall not exceed 5 percent of expenses incurred in the reinstatement of the facility.
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