Construction and Operation of Subway Line 9 Applying MRG
SMG attracted private capital to cover the lack of public funding due to the IMF crisis and to complete the infrastructure of subway line 9 earlier. SMG tried to reduce the burden of public funding for subway line 9, to introduce the creativity and efficiency of the private enterprises and to diversify the investment sources by attracting private investment. BTO (Build Transfer Operate) scheme was adopted and it was agreed for the first time that the private sector would operate the line for 30 years. 33.3% of the total project cost was supported by the central government, 51.0% by SMG and 15.7% by the private sector investment. According to the initial execution agreement, the minimum revenue guarantee (MRG) should be set at 90% for 5 years from the operation starting date, 80% for 6 to 10 years and 70% for 11 to 15 years if there is a shortfall of expected fare earnings set in the agreement regardless of the actual operating revenue. As the financial burden grew because of the long time compensation for the revenue and the negative recognition on MRG had spread, SMG started seeking ways to complement the MRG system.
Restructuring of the Subway Line 9 Project
The existing business agreement contained too many advantageous terms for the private operator. According to the agreement, the right to decide the fare was granted to the private operator and the earning rate higher than the market interest rates was guaranteed. That was the reason why the need to improve the overall conditions of the project was raised continuously. The Seoul Metro 9 who operates subway line 9 as a private implementer attached fare increase statement unilaterally in April 2012 during the period of fare negotiation with SMG, causing confusion among the Seoul citizens. SMG started reviewing the restructuring of the subway line-9 project in July 2012. SMG constituted a task force for subway line 9 in January 2013, organized a negotiation group consisting of lawyers, accountants, transportation experts, etc. and proceeded with negotiations for the alternation of the execution agreement with new potential investors. The negotiation occurred mainly in 3 tracks; ① dealing in stocks between the existing shareholders and the new investors, ② modification of execution agreement between SMG and the new investors and ③ management and operation agreement between the new investors and the operating company. SMG entered into a modified execution agreement with the Seoul Metro 9 in October 2013 through such negotiation processes, finalizing the one-year process of restructuring subway line 9. The main contents of the modified agreement are as follows.
Overall Replacement of the Existing Private Sector Shareholders
SMG made the existing construction investors and financial capitalists including Macquarie, who had caused preferential controversy, dispose of their shares and attracted new asset management firms and financial capitalists. According to the measures taken by SMG, 7 construction investors including Hyundai-Rotem, who completed the construction of the 1st stage section of subway line 9, sold all of their shares to recede from the operation of line 9. Of the existing financial capitalists, Macquarie and Industrial Bank of Korea disposed of their shares and completely handed off the operation of line 9.
<Figure 4> Changes of Investors according to the Restructuring of Subway Line 9
Before Restructuring |
⇨ |
After Restructuring |
- Construction Investors (7)
Hyundai-Rotem, POSCO ICT,
Hyundai Engineering & Construction , POSCO Engineering, Sampyo E&C, Ultra Construction & Engineering, Ssangyong Engineering & Construction,
- Financial Capitalists (6)
Macquarie, Shinhan Bank, LG Fire & Marine Insurance, Shinhan Life Insurance, Industrial Bank of Korea, Dongbu Insurance |
- Asset Management Firms (2)
Hanwha Asset Management,
Shinhan BNP PARIBAS Asset Management
- Financial Capitalists (11)
Kyobo Life Insurance, Hanwha Insurance, Shinhan Bank, Heungkuk Life Insurance, Samsung Life Insurance, Dongbu Insurance, Hanwha, Hanwha General Insurance, Shinhan Life Insurance, LIG Insurance, Nonghyup Life Insurance, Heungkuk Fire & Marine Insurance |
SMG Came to Have the Rights to Decide the Fares of Subway Line 9
The right to decide the fares of subway line 9 belonged to the private operator. In 2012, the private operator confused the citizens by announcing the fare increase arbitrarily without any consultation with SMG. In order to avoid such confusion, SMG decided to have the actual right to set the fare rate and to correct the deformed fare increase structure. According to the initial agreement, the private operator was allowed to decide the fare rate autonomously within the fare rate range prescribed in the execution agreement, and then report such changes to SMG before implementing the increased fare. After the SMG’s decision, the private operator must acquire approvals of SMG on fare related matters (charging, collecting and increasing). In addition, SMG solved the problems related to the rapid fare rate increase that had to be allowed every year to ensure the yield that was promised to the private operator.
<Table 3> Table of Subway Line 9 Fare Rate before the Right for Fare Decision Belonged to SMG
Operation Year |
’09 |
’10 |
’11 |
’12 |
’13 |
’14 |
’15 |
’16 |
’17 |
’18 |
’19 |
’20 |
’21 |
’22 |
’23 |
’24~38 |
Unchangeable Basic Fare (KRW) |
1,264 |
1,307 |
1,352 |
1,398 |
1,446 |
1,495 |
1,546 |
1,599 |
1,653 |
1,710 |
1,735 |
1,761 |
1,787 |
1,814 |
1,840 |
1,840 |
Fare Increase
Rate (%) |
3.41 |
3.41 |
3.41 |
3.41 |
3.41 |
3.41 |
3.41 |
3.41 |
3.41 |
3.41 |
1.49 |
1.49 |
1.49 |
1.49 |
1.49 |
- |
Abolition of the MRG System
In 1988, when Korea was suffering from the foreign exchange crisis, the MRG system was introduced to Korea to attract private capital for the SOC projects such as construction of railways, roads, tunnels, etc. As the financial burden on the long-term revenue guarantee for the private operators got increased, negative perceptions on the MRG system became widespread. The central government abolished the MRG system for the projects suggested by the private sectors in 2006 and the MRG system for the projects officially announced by the government in 2009 respectively. SMG also stopped the payment according to the existing MRG system in order to solve the problems caused by the revenue compensation for subway line 9. Instead, the MRG system was converted to the Minimum Cost Compensation (MCC) system according to which the private operator shall cover its operating costs with the actual business income and SMG shall compensate for the cost shortage. To put it concretely, the compensation based on the newly applied MCC is determined based on the difference calculated every quarter by subtracting the sum of fare income, affiliated business income, etc. generated by operating subway line 9 from the sum of depreciation amounts on the managing and operating rights, interest amount (interest rate: 4.86%) and operating costs. In this case, the value of managing and operating right will be amortized equally every quarter, and become zero in 2039. The interest amount also will be decreased every year so that the financial burden of SMG will decrease sharply. Under the new system, the private project operator cannot require the compensation for the excess amount even when its costs for management, operation, maintenance, etc. exceed the amount for management and operation agreed upon in the agreement.
Nation’s First Introduction of KRW 100 Billion “Citizen Fund”
SMG decided to introduce KRW 100 billion scale of ‘Citizen Fund’ in bond type for the first time in Korea during the process of project restructuring in order to cope with the issues of subway line 9 together with the citizens. When the increase of fare rate of line 9 became an issue in 2012, the then Seoul Mayor suggested the citizen fund as an alternative, evaluated as a revolutionary win-win attempt for both SMG and the citizens. The citizens could invest in the subway line-9 fund with guaranteed returns higher than the interest rates of the commercial banks. SMG made the best use of fund by concentrating on stable operation of subway line 9 and on drastic reduction of SMG’s financial burdens. SMG issued long-term confirmed bonds with 4, 5, 6 and 7-year maturity, KRW 25 billion each, with different earning rates according to the period but around 4.3% on average. A citizen could invest up to KRW 20 million. SMG also decided to receive surveillance of the Financial Supervisory Service to protect the citizens who invested in the funds and to allow the fund to be repurchased even before maturity for the citizens’ convenience.
<Table 4> Earning Rate of the Citizen Fund for Subway Line 9
Classification |
4 Year Maturity |
5 Year Maturity |
6 Year Maturity |
7 Year Maturity |
Average |
Earning Rate
(Excluding Commission) |
4.15% |
4.25% |
4.35% |
4.45% |
4.30% |