KOTI - Korea Transport institute

Article 23-5(Requests for Amending Concession Agreement Due to Changes in Circumstances) of the Toll Road Act was newly established to strengthen the management and supervision of the toll road management agency for the public-private partnership road business entity as a benefit against the financial support of the competent government office. However, there are no related cases or guidelines. so considerable difficulties are expected in practice. Accordingly, it is necessary to prepare guidelines that can be used when applying the request to change the Concession Agreement under Article 23-5 of the Toll Road Act in practice. The purpose of this study is to establish guidelines for Article 23-5 of the Toll Road Act. Firstly, this study analyzed the legal nature of the Concession Agreement and the legal characteristics of Article 23-5 of the Toll Road Act through review of existing research, literature, and listening to expert opinions. Next, the categories were divided in consideration of the law application procedure, and then major issues were derived for each category. After reviewing related data or expert opinions for each major issue, guidelines were presented focusing on matters to be reviewed by the toll road management agency. Finally, since Article 23-5 of the Toll Road Act has not yet been applied, further research should be conducted based on these cases in the future.