(1) Reasons for Proposal

In accordance with the amendment to the Railroad Safety Act which contained major provisions on the introduction of a performance certification system for railroad security search devices, mandatory placement of a railroad operation safety manager, etc. (Act No. 16395, promulgated on Apr. 23, 2019, effective on Oct. 24, 2019), this proposal aims to prescribe matters delegated to it under Presidential Decree as well as matters necessary for their enforcement, and improve and supplement certain shortcomings that have become apparent in the system such as in penalty surcharges, approval for modification to railroad safety management system, etc.

(2) Major Provisions

A. Changes in Matters Subject to Approval for Modification to Safety Management System (Article 3, attached Table 1-3)

In the case of changes to the organization in exclusive charge of safety duties or reduction to personnel in charge of train operation or maintenance, such changes shall be subject to approval, and in the case of railroad facilities, those requiring approval shall be separately prescribed in attached Table 1-3, while cases where maintenance items have been increased shall be subject to reporting instead of approval.

B. Changes to Notification Period, etc. for Safety Management System (Article 6)

Notification of frequent inspection shall be changed to 7 days for consistency with Article 7 of the Framework Act on Administrative Investigations.

C. Provision of Procedures for Performance Certification (Article 85-4)

A person who desires to receive performance certification shall submit search devices and documents appropriate to performance certification standards to the certification institute, and the certification institute shall review the consistency, etc., between the performance certification quality system and the application documents to issue the performance certification, while necessary detailed matters regarding the standards, method, and procedures, etc., of performance certification shall be prescribed and notified by the Minister of Land, Infrastructure and Transport.

D. Provision of Performance Evaluation Test Procedures (Article 85-5)

A certification institute which received an application for performance certification shall make a request for a performance evaluation test to the testing institute, and the testing institute shall conduct the performance evaluation test according to performance certification standards, while necessary detailed matters regarding the standards, method, and procedures, etc., of performance evaluation testing shall be prescribed and published by the Minister of Land, Infrastructure and Transport.

E. Provision of Performance Inspection Procedures (Article 85-6)

A certification institute shall, regarding a person who has received performance certification, regularly inspect the performance certification standards and performance certification quality system, etc., every year, and conduct frequent inspections in cases where it deems such inspections necessary to maintain the performance, etc., of search devices, while necessary detailed matters regarding the standards, method, and procedures, etc., of performance inspection shall be prescribed and published by the Minister of Land, Infrastructure and Transport.

F. Provision of Performance Inspection Procedures (Article 85-7)

In cases where continued use through extension of the period of economic use according to the Commodity Management Act is desired, performance inspection by a certification institute shall be required, and necessary detailed matters regarding the standards, method, and procedures, etc., of performance inspection shall be prescribed and published by the Minister of Land, Infrastructure and Transport.

G. Designation of Testing Institute and Provision of Procedures for Cancellation of Designation (Articles 85-8, 85-9)

A person who desires to be designated as a testing institute shall have an organization, personnel, testing equipment, etc. for performance evaluation tests, make an application to the Minister of Land, Infrastructure and Transport, and, in case designation, cancellation of designation, suspension of business has been ordered, publish that fact in the official gazette while necessary detailed matters regarding designation, etc., of a testing institute shall be as prescribed and published by the Minister of Land, Infrastructure and Transport.

H. Management of Records Regarding Performance Certification, etc. (Article 85-10)

A certification institute or a testing institute shall record matters regarding performance certification, performance evaluation tests, etc., store and manage such records, and, in cases where a testing institute has not performed such work due to cancellation of its designation as a testing institute, etc., submit relevant materials to a certification institute.

I. Provision of Standards for Placement of Railroad Operation Safety Managers (Article 92-6)

In cases where work, etc., is conducted on railroad operation lines or their nearby area, detailed standards regarding placement of railroad operation safety managers shall be prescribed.

J. Provision of Regular Training Cycles, etc., for Professional Railroad Safety Personnel (Article 92-7)

Detailed matters such as training cycles, subjects, times, etc., regarding regular training shall be prescribed.

K. Provision of Standards, etc., for Administrative Measures Such as Cancellation of Qualification, etc. (Articles 92-8, 92-9)

Detailed standards on the procedures and methods of administrative measures such as cancellation or suspension of qualification as railroad operation safety managers for those personnel who have violated the law shall be prescribed.

L. Changes to the Standards for Measures Regarding Safety Management Systems (attached Table 1)

In the case of certain violations, the number of days for suspension of business was excessive compared to the degree of violation such that this has been changed, and in cases where a person has been seriously injured due to a railroad accident, this shall be deemed as a serious problem and included in the standards for imposition of penalty surcharges.