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
Amendment of Other Laws No. 7782, Dec. 31, 2020 | Partial Amendment No. 8288, Dec. 30, 2021 |
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CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Ordinance is to provide for matters necessary to safely maintain and manage major facilities of the Seoul Metropolitan Government in order to develop a safe and comfortable living environment for citizens. <Amended on Oct. 1, 2007>
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Article 2 (Subjects of Application)
Except as otherwise expressly provided in any other statute or regulation or any Ordinance of the Seoul Metropolitan Government, this Ordinance shall apply to managing the following major facilities of the Seoul Metropolitan Government (hereinafter referred to as "facilities"): <Amended on Jul. 30, 2015>
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Article 3 (Definitions)
The terms used in this Ordinance are defined as follows: <Amended on Jul. 17, 2014; Jul. 30, 2015; Jul. 18, 2019; Dec. 31, 2020>
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Article 4 (Designation of General Managers)
(1) The Mayor shall designate the Deputy Mayor of the Safety Management Office, the Deputy Mayor of the City Transportation Office, the Director-General of the Climate & Environment Headquarters and Director-General of the Green Seoul Bureau as the general managers of the following facilities: <Amended on Dec. 11, 2014; May 18, 2017; May 16, 2019>
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Article 5 (Delegation of Management)
(1) Management institutions of facilities shall be as specified in attached Table 1 and the Mayor shall delegate the maintenance or management of the relevant facilities to managers prescribed in attached Table 1. <Amended on Jul. 30, 2015>
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Article 6 (Formulation and Implementation of Plans)
(1) Managers shall formulate plans on safety, maintenance, or management of Class-I facilities, Class-II facilities, river-covering structures, river and river facilities, etc. for each facility every five years and shall formulate and execute implementation plans annually. <Amended on May 18, 2017>
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Article 7 (Conducting Safety Inspections)
(1) Managers shall conduct a safety inspection, based on the characteristics of each facility, and may increase frequency of a safety inspection for facilities deemed specially necessary by the Mayor due to the condition or deterioration, etc. of facilities.
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Article 8 (Securing Human Resources and Equipment)
(1) Managers shall secure equipment suitable for safety inspections, based on human resources and characteristics of each facility, such as mobile equipment, access equipment, or nondestructive equipment, to ensure that conducting safety inspections is not interrupted.
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Article 9 (Implementation of Detailed Safety Diagnosis)
(1) Managers shall conduct a detailed safety diagnosis of the relevant facilities pursuant to attached Table 3 of the Enforcement Decree of the Special Act on the Safety Control and Maintenance of Establishments (hereinafter referred to as the "Decree"). <Amended on Dec. 31, 2020>
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Article 10 (Establishment of Accident Management System)
Managers shall establish an accident management system, including system and knowhow for dealing with accidents or methods for recovery thereof, in preparation for various accidents that may happen to facilities due to any intrinsic defect of facilities or other outside factors.
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CHAPTER II ROADS (DRIVEWAYS OR SIDEWALKS) AND ROAD FACILITIES
Article 11 (Execution of Construction Works on Roads)
(1) Any person who intends to execute construction works on a road shall formulate policies on traffic control and submit them to managers for safety of workers and pedestrians and smooth traffic flow.
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Article 12 (Conducting Safety Inspections)
(1) Managers shall conduct safety inspections of road facilities pursuant to attached Table 3 of the Decree. <Amended on Dec. 31, 2020>
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Article 13 (Standards for Safety Grade of Facilities)
Managers shall classify and manage safety grade of road facilities pursuant to attached Table 8 of the Decree, based on the outcomes of safety inspections or detailed safety diagnosis. <Amended on Dec. 31, 2020>
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Article 14 (Designation of Dangerous Facilities)
(1) Managers shall designate road facilities falling under the safe grade D or E as dangerous facilities pursuant to attached Table 8 of the Decree. <Amended on Dec. 31, 2020>
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Article 15 (Implementation of Repair and Improvement)
(1) Managers shall formulate repair or improvements plans for each road facility in accordance with standards for safety grade prescribed in attached Table 8 of the Decree to ensure that roads (driveways or sidewalks) and road facilities are repaired or improved efficiently and systematically and reflect them in safety or maintenance plans prescribed in Article 6. <Amended on Dec. 31, 2020>
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Article 16 (Maintenance or Management of Street Lamps, Lighting Facilities, and Electric Generation Facilities)
(1) Managers shall maintain and manage street lamps, lighting facilities, and electric generation facilities to ensure traffic safety for drivers and pedestrians.
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Article 16-2 (Establishment and Management of Integrated Pillars)
(1) A road management agency shall integrate the available facilities in consultation with the department in charge of integrated pillars, when installing street facilities.
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CHAPTER III UTILITY TUNNELS
Article 17 (Management of Utility Tunnels)
(1) Managers shall manage the main body of utility tunnels and facilities ancillary thereto: Provided, That each person who occupies an occupying facility of a utility tunnel (hereinafter referred to as "occupants") shall be responsible for and manage such occupying facilities.
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Article 18 (Composition and Operation of Utility Tunnels Council)
(1) The Mayor shall establish the Utility Tunnels Council (hereinafter referred to as the "Council") under the jurisdiction of the Mayor, to deliberate and render advice on important matters concerning establishment and management of utility tunnels, and may establish a working-level management council for each utility tunnel, when necessary.
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Article 19 (Preparation of Drawings for Maintenance and Management)
(1) Managers shall prepare and manage drawings for the maintenance and management of each utility tunnel (hereinafter referred to as "drawings of utility tunnels") by surveying the site of the utility tunnel, based on working design drawings, completion drawings, and other management drawings, and shall modify or supplement such drawings without delay, whenever there is any change to such drawings.
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Article 20 (Conducting Safety Inspections)
(1) Managers and occupants shall conduct safety inspections of the main body of utility tunnels, ancillary facilities, and occupying facilities pursuant to Article 39 (5) of the National Land Planning and Utilization Act.
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Article 21 (Safety Inspections and Detailed Safety Diagnosis)
(1) Managers may request occupants to conduct safety inspections or detailed safety diagnosis of occupying facilities under their control by fixing a period, when necessary for safety of utility tunnels.
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Article 22 (Prior Approval for Construction Works of Occupying Facilities)
(1) Where occupants intend to establish or repair occupying facilities (hereinafter referred to as "construction works on occupying facilities"), they shall obtain prior approval from managers.
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Article 23 (Execution of Construction Works of Occupying Facilities)
(1) A person who executes constructions works on occupying facilities inside the utility tunnel shall comply with safety guidelines on execution of construction works prescribed by managers.
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Article 24 (Measures in Emergency Cases)
(1) Where any obstacle is found or is likely to be found in operation of occupying facilities due to electric leakage, fire or water leak, etc., occupants shall report it to managers without delay and take necessary measures. In such cases, procedures for obtaining prior approval prescribed in Article 22 (1) may be omitted.
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Article 25 (Handling of Damages or Disputes)
If any injury is inflected on a third party or a civil or criminal case arises or accident occurs while installing or managing an occupying facility, or the execution of construction works of an occupying facility, the occupant of the relevant facility shall be liable for such injury, etc.
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Article 26 (Matters concerning Security)
Occupants shall comply with security regulations on utility tunnels prescribed by managers, in relation to security and disaster prevention concerning management of utility tunnels.
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CHAPTER IV TRAFFIC SAFETY FACILITIES AND TRAFFIC CONTROL FACILITIES
Article 26-2 (Management of Traffic Safety Facilities)
(1) Where managers of traffic safety facilities formulate, implement, or amend plans on safety, maintenance, or management every year, they shall report them to the Mayor.
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Article 27 (Formulation and Implementation of Plans on Safety, Maintenance, and Management of Road Signs)
(1) Managers shall formulate and implement plans on safety, maintenance, or management of road signs (hereinafter referred to as "plans on maintenance or management of road signs) every year; and when they formulate or amend such plans, they shall submit all formulated and amended plans to the Mayor.
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Article 28 (Establishment of Road Sign System)
(1) The Mayor shall establish a road sign system for efficiently managing road signs and allow managers to utilize the system jointly.
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Article 29 (Inspection of Road Signs)
(1) Managers shall conduct a periodic inspection on road signs quarterly and frequently conduct an inspection when necessary to ensure that facilities are in good condition and record and keep the outcomes of inspection thereof.
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Article 30 (Management of Unmanned Control System)
Duties concerning management of the unmanned control system shall be as follows:
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Article 31 (Duties concerning Management of Intelligent Transport System)
(1) Duties concerning management of the intelligent transport system shall be as follows:
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Article 32 (Inspection of Intelligent Transport System and Unmanned Control System)
Managers shall conduct inspections regularly and sporadically the intelligent transport system and unmanned control system, and repair such system without delay when necessary, and record and keep the outcomes of inspection thereof.
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Article 33 (Improvement of Facilities of Unmanned Control System)
Managers shall conduct an analysis of environmental changes and evaluation of operation of roads where the intelligent transport system was established at least once a year and may adjust the methods and timing for control, when necessary.
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Article 34 (Road Works at Points where Intelligent Transport System or Unmanned Control System is Established)
A person authorized to grant a permit for the excavation and occupancy of a road at a point where the intelligent transport system or unmanned control system is established (including a person who has received and handled a report), shall consult with the manager of the relevant facility in advance before granting a permit.
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CHAPTER V RIVER-COVERING STRUCTURES
Article 35 (Designation of Installers or Users)
(1) Facilities, such as roads, buildings, equipment installed on river-covering structures (hereinafter referred to as "facilities installed") shall be managed by persons who have installed or used the relevant facilities installed (hereinafter referred to as "installers or users").
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Article 36 (Safety Inspections)
(1) Installers or users shall conduct a safety inspection of river-covering structures pursuant to Article 11 of the Special Act by deeming them as a Class-II facility. <Amended on Dec. 31, 2020>
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Article 37 (Patrol of Facilities)
(1) Installers or users shall formulate and implement a patrol plan for facilities installed under their jurisdiction, thereby ensuring the safety of river-covering structures and facilities installed and maintaining the functions of such facilities in good condition.
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Article 38 (Execution of Construction Works for Covering Rivers)
Where managers intend to cover a river to use it, they shall reflect the details thereof in a master plan for river improvement and undergo deliberation by the Regional Water Resources Management Committee under Article 32 of the Act on the Investigation, Planning, and Management of Water Resources. <Amended on Dec. 31, 2020>
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Article 39 (Preparation of Documents)
(1) Where installers or users perform patrol, safety inspections, or works for repair or improvement, they shall keep the following documents:
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CHAPTER VI RIVERS AND RIVER FACILITIES Article 40 Deleted. lt;Aug. 1, 2013gt; |
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Article 41 (Conducting Safety Inspections)
Managers shall conduct safety inspections of river facilities pursuant to attached Table 3 of the Decree. <Amended on Dec. 31, 2020>
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Article 42 (Repair Measures)
(1) Managers shall repair river facilities for ensuring safety or maintaining the functions thereof in accordance with the outcomes of inspection of river facilities or plans on maintenance or management.
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Article 43 (Preparation of Documents)
(1) Managers shall prepare the following documents for river facilities:
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CHAPTER VII SEWERAGE
Article 44 (Plans on Safety, Maintenance, and Management)
The guidelines on the operation or maintenance of the public sewerage facilities of the Ministry of Environment shall apply mutatis mutandis to plans on safety, maintenance or management of sewerage pipes.
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Article 45 (Conducting Safety Inspections)
(1) Managers shall conduct safety inspections for maintaining functions or safety of sewerage as follows: <Amended on Dec. 31, 2020>
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CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 46 (Management of other Facilities Ancillary to Roads)
(1) Managers and the head of an autonomous Gu shall be responsible for management of other facilities ancillary to roads which are not prescribed in this Ordinance, in accordance with the details of maintenance or management of facilities in attached Table 1. <Amended on Jul. 30, 2015; May 19, 2016>
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Article 47 (Subsidization of Expenses)
The Mayor may fully or partially subsidize expenses, when he/she delegates or entrusts the duties of maintenance or management of facilities to a third party or orders to perform such duties vicariously. <Amended on May 18, 2017>
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Article 48 (Payment of Rewards for Reporting)
(1) A reward may be paid to a person who has reported a facilities malfunction or persons who damaged, broke or destroyed a facility, within budgetary limits for the efficient management of roads, road facilities, facilities ancillary to roads, traffic safety facilities, or traffic control facilities. In such cases, the reward for reporting shall not exceed five percent of the expenses incurred in reinstating the facility: Provided, That where the Seoul Metropolitan Government recruits volunteers for the maintenance and management of such facilities and provide necessary expenses in accordance with the Seoul Metropolitan Government Ordinance on Support of Volunteer Service Activities, no reward shall be paid to them repetitively. <Amended on Oct. 4, 2018>
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ADDENDUM <Ordinance No. 3909, Sep. 29, 2001> |
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Major Facility Management Organization (pursuant to Article 5) |
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Objects to be integrated,Competent department,Department to implement, maintain or manage project |
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