Research Report
Study on Methods for Legislative Improvements in Managing Road and Underground Facilities for Utility Consumers
Ⅰ. Background and purpose
○ With regard to facility safety, the issue of management of road and underground facilities for utility consumers has become a topic of conversation.
○ Against this background, the Korean government has established and operated various systems on underground safety management including the enactment of the Special Act on Underground Safety Management, the creation of the manual for underground safety impact assessment, the manual for underground safety inspection and the JIS underground safety information system.
○ Currently, discussions centering on road and underground facilities for utility consumers are ongoing and on this backdrop, legislative improvements for the management of road and underground facilities for utility consumers in the current legal system are deemed required.
Ⅱ. Main Content
○ Current Legislative Status
- The legislations for the management of road and underground facilities for utility consumers are categorized as follows: legislations on construction and utilization of underground information such as the Special Act on Underground Safety Management and its subordinate statutes, the Act on the Establishment, Management, Etc. of Spatial Data and its subordinate statutes, the Framework Act on National Standards and its subordinate statutes; and legislations on facilities of utility consumers including the Act on the Establishment, Management Etc. of Spatial Data and its subordinate statutes, and the Housing Act and its subordinate statutes.
○ Direction Setting on Methods for legislative Improvements in Managing Road and Underground Facilities for Utility Consumers
- Legislative amendments on road and underground facilities for utility consumers in relevant legislations may result to the establishment of sufficient legal grounds for managing road and underground facilities for utility consumers.
○ Analysis on Validity of Legislative Improvements
- Legislative improvements are required within the minimum scope to ensure public safety, even when obliging the general public to survey or register road and underground facilities of utility consumers may lead to more administrative procedures and payment of expenses.
- Legislative amendments on road and underground facilities for utility consumers may serve as a systematic method to prevent any violation of individual ownership and therefore, legislative improvements are considered valid.
○ Methods for Legislative Improvement
- In principle, surveys should be conducted, however, surveying fees may be imposed upon owners of road and underground facilities of utility consumers after the legislative procedures for managing road and underground facilities of utility consumers are established.
- The Special Act on Underground Safety Management should serve as the legal ground for the establishment of systems on the management of road and underground facilities of utility consumers. Article 16 of the Enforcement Rules of the Building Act can be amended to stipulate that the current status on road and underground facilities of utility consumers be submitted, with the attachment of completion drawings of road and underground facilities of utility consumers.
Ⅲ. Expected Effects
○ Legislative foundations can be formed to establish the management system of road and underground facilities of utility consumers.
○ Criteria for establishing legal grounds can be suggested for the purpose of systematic and consistent implementation of policies on the management of road and underground facilities of utility consumers.
○ Studies on methods for legislative improvements in managing road and underground facilities of utility consumers will serve as resources for possible amendments to relevant legislations.