(1) Reasons for Proposal
In compliance with the amendment of the Railroad Safety Act (Act No. 16395, promulgated on March 23, 2019, and to be implemented on October 24, 2019), which focuses on the introduction of a performance certification system for railroad security check equipment, mandatory assignment of a railroad operational safety manager, etc., this amendment aims to specify the matters mandated by Presidential Decree and necessary matters for its implementation and to improve and supplement a number of weaknesses that have emerged in the operation of the current system, including a penalty system and provisions on the process of railway vehicle maintenance technicians’ personal information.
(2) Major Provisions
A. Designate an entity to be entrusted with performance certification and inspection duties (Article 50-2)
Designate the Korea Railroad Research Institute as an entrusted entity under the Act on the Establishment, Operation and Fostering of Government-Funded Science and Technology Research Institutes, Etc., to ensure the professionalism and reliability of the performance certification and inspection duties.
B. Exception provision for a railroad operational safety manager (Article 60-6)
Permit an exception in designating a railroad operational safety manager if construction work that railroad operators, etc., implement autonomously or emergency restoration work due to natural disaster is carried out.
C. Process of railway vehicle maintenance technicians’ personal information (Article 63-2, subparagraph 9 newly inserted)
Allow the Minister of Land, Infrastructure and Transport (or a person entrusted with the authority of the Minister) to process data that includes the resident registration numbers of railway vehicle maintenance technicians for the approval of railway vehicle maintenance technicians.
D. Stipulate detailed criteria for imposing an administrative fine on those who violate the statutes (attached Table 6 of Article 64).
Stipulate the criteria for imposing fines on railroad safety experts who are not trained regularly.
E. Improve the penalty surcharge system (attached Table 1 amended).
Add the number of seriously injured persons caused by railroad accidents in attached Table 1, subparagraph 2 (C) of the Enforcement Decree of the Railroad Safety Act, and stipulate a penalty surcharge that is the same as the operation suspension period stipulated in attached Table 1 of the Enforcement Regulations of the Railroad Safety Act multiplied by the unit amount charged per day.
F. Recognition criteria for railway vehicle maintenance technician (attached Table 1-2 amended)
Adjust the criteria to the effect that Class 1 and Class 2 railway vehicle maintenance technicians among railway vehicle maintenance technicians are limited to those who have obtained national technical qualification certificates related to railway vehicles, and the importance of academic scores among recognition criteria for railway vehicle maintenance technicians in consideration of the value of on-the-job experience in railway vehicle maintenance is lowered.