Article 2 of the Private Road Act defines a private road as a road connected to a public road, rural road, etc., that is not a road as defined by the Road Act. It can be understood as a road built at one's own expense and connected to a public road.
To open, reconstruct, expand, or alter a private road, you must obtain permission from the mayor, county governor, or district office director according to Article 4, Paragraph 1 of the Private Road Act. Here, the district office director refers to the director of the district office in an autonomous district. In Incheon, autonomous districts such as Yeonsu-gu and Namdong-gu apply to the district office director, while Ganghwa-gun and Ongjin-gun apply to the county governor. According to the Government 24 civil petition guide, applications are made in person or by mail, the processing period is 7 days, and there is no fee. If you open a private road without permission, you may be subject to a fine of up to 7 million won under Article 16 of the same law, so you should avoid the practice of completing construction first and then preparing the documents later.
## Four Cases Where Permission Will Not Be Granted
Article 4, Paragraph 3 of the Private Road Act stipulates that the mayor, military district commander, or district office chief must grant permission, except for the following four cases:
1. When the structure of the private road does not meet the standards of Article 5 (the surface and two-lane standards under the Rural Road Improvement Act) 2. When the applicant does not have the right to possess or use the land in question 3. When it is in violation of restrictions under the Private Road Act or other laws and regulations 4. When it is recognized that it will seriously infringe on the living environment of nearby residents or pose a risk to passage
In practice, the most frequently encountered issue is number 2. If the land to be traversed is owned by a neighbor, you must prove the right to use the land. Number 3 involves determining whether a separate permission for change of land use is required when the road passes through farmland or mountainous land.
## Private Road Opening Permit Application Documents
Administrative Rule Article 2 of the Private Road Act specifies the documents to be attached to the permit application. Land registration certificates are directly verified by administrative agencies through administrative information sharing.
- Site plan, construction plan, and construction cost budget statement
- Design drawings (floor plan, longitudinal section, cross-section, detailed view of major parts)
- If using land owned by others, proof of usage rights
- If installing major structures such as bridges, a structural review
- If there is a concern that the existing drainage system will be damaged, a water management review
Documents proving the right to use land owned by others must include the land owner's information, usage period, whether usage fees are paid, and an agreement that the usage rights will be inherited when ownership is transferred during the usage period. It's better to include this clause from the beginning, as it's common to have to re-obtain consent if the inheritance agreement is missing.
There are still procedures to follow after the permit is granted. According to Article 2 of the Enforcement Decree of the Private Road Act, the permit holder must install a sign indicating the permit details in a visible location. After completing construction, a usage inspection must be received according to Article 6, and the private road cannot be used before the inspection. Also, according to Article 9, the private road opener cannot generally obstruct public access, and according to Article 10, permission must be obtained in advance to collect usage fees.
## Check for Road Occupation Permit for Connections to Public Roads
If the entrance needs to be built over a public road area, you must obtain a right-of-way permit from the road management agency in accordance with Article 61 of the Road Act. Article 54 of the Enforcement Decree of the same law stipulates that the application must include the purpose, location and area, period, structure of the right-of-way object, construction method and timing, and road restoration method, and attach design drawings (electronic drawings). If excavation is involved, opinions from the main underground facility manager will be added. Unauthorized use of a road is subject to imprisonment for up to two years or a fine of up to 20 million won under Article 114 of the same law.
Some roads are subject to connection permits under Article 52, and obtaining a connection permit is considered equivalent to obtaining a right-of-way permit. For rural roads in rural areas, the permit must be obtained from the superintendent of the county under Article 18 of the Rural Road Improvement Act, and the right-of-way fee is determined by the relevant county ordinance under Article 19 of the same law. This is why you need to confirm what kind of road it is in front of your land.
According to the Government 24 guidelines, the road occupation permit fee is 1,000 won or the amount stipulated in the ordinance, and the processing period varies depending on the road management authority and the type of occupation. According to the Incheon Yeongsu-gu Public Service Manual, road occupation permits are handled by the Construction Division (Songdo International City is handled by the Songdo Urban Management Division) with a processing period of 5 days and a fee of 1,000 won per application, and coordination with the relevant police station is conducted to ensure there is no disruption to traffic flow. Entrance occupation fees are calculated by multiplying the occupied area by the public price, rate, and period. The Incheon Metropolitan City Road Occupation Permit and Occupation Fee Collection Ordinance stipulates that if the occupation fee exceeds 500,000 won per year, it can be paid in installments or the due date extended. Article 68 of the Road Act provides for exemptions from occupation fees for access roads to residences, etc., but whether an exemption is granted is determined by the road management authority, so it is best to inquire about it at the time of application.
## Permits Processed Together When Receiving Development Permission
If you are changing the land's topography while creating a road, you must also consider Article 56 of the National Land Planning and Utilization Act regarding development permission. Article 61 of the same Act stipulates that when granting development permission, it is deemed that you have received a private road opening permit, agricultural land conversion permit, mountain land conversion permit, road occupation permit, and connection permit, based on prior consultations with relevant agencies. To process this, you must submit the documents specified in the law along with the development permission application (Article 2). Whether to obtain the permits separately or bundle them into one development permission depends on the land use and the scale of the construction.
Hwang Yun-sang Administrative Agent Office assists with drafting and submitting private road opening and road occupation permit applications, organizing the list of attached documents, drafting land use consent forms, and responding to requests for supplementary information. The approval and period are subject to the judgment of the competent authority, so we cannot guarantee them in advance, and the cost will be informed after consultation.