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A Study on the Establishment of Standard Terms and Conditions on the Use of Private Highway
||Hanbyul JANG․Jinwook OH․Eunsu JUN
November 30, 2020
||The Korea Transport Institute
The highway is a public goods, so the construction and operation of highways are governed by the state, and the construction and management of private highways are also a patent business by the Special Purpose Company under the Public-Private Partnership of Infrastructure Act. In Korea, the private highway with a total extension length of 813.9km is currently operated based on an agreement under the Public-Private Partnership of Infrastructure Act.
Though 19 private highway have been operated by SPCs, based on different agreement, the users of private highways want the same services regardless of whether who is the operation company, and expect more services at a high level according to economic development.
Unlike the Korea Expressway Corporation who can request private information for tolling and surcharging, 19 private highway operators have no exceptional authority to collect unpaid tolls and surcharges, and mandatory procedures for refunding overpaid tolls, and toll management rights.
In this study, we set forth eighteen essential provisions of the standard terms and conditions on the use of private highway.
The establishment of the standard terms and conditions of for the use of private highway will be carried out after the discussion with with the Ministry of Land, Infrastructure and Transport, the private highway operator, Korea Consumer Agency, and approved by the Fair Trade Commission.