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ACT ON SPECIAL CASES CONCERNING THE SETTLEMENT OF TRAFFIC ACCIDENTS

Act No. 3490, Dec. 31, 1981

Amended by Act No. 3744, Aug. 4, 1984

Act No. 4548, jun. 11, 1993

Act No. 4872, Jan. 5, 1995

Act No. 5157, Aug. 14, 1996

Act No. 5408, Aug. 30, 1997

Act No. 6891, May 29, 2003

Act No. 7545, May 31, 2005

Act No. 8718, Dec. 21, 2007

Act No. 8979, Mar. 21, 2008

Act No. 9941, Jan. 25, 2010

Act No. 10575, Apr. 12, 2011

Act No. 10790, jun. 8, 2011

Act No. 13829, Jan. 27, 2016

Act No. 14277, Dec. 2, 2016

 Article 1 (Purpose)
The purpose of this Act is to facilitate a prompt recovery of damage caused by traffic accidents and to promote convenience of people's everyday life by providing for special cases on criminal punishment of drivers of a vehicles involved in traffic accidents caused by occupational or gross negligence.
[This Article Wholly Amended by Act No. 10575, Apr. 12, 2011]
 Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 10790, Jun. 8, 2011>
1. The term "vehicles" means the vehicles provided for in subparagraph 17 (a) of Article 2 of the Road Traffic Act and the construction machinery provided for in subparagraph 1 of Article 2 (1) of the Construction Machinery Management Act;
2. The term "traffic accident" means death or injury of a human being or damage to property resulting from a vehicular traffic.
[This Article Wholly Amended by Act No. 10575, Apr. 12, 2011]
 Article 3 (Special Cases for Punishment)
(1) A driver of a vehicle who commits a crime provided for in Article 268 of the Criminal Act by reason of a traffic accident shall be punished by imprisonment without prison labor for not more than five years or by a fine not exceeding 20 million won.
(2) Due to traffic of vehicles, a driver who commits a crime by inflicting bodily injury due to occupational or gross negligence of crimes relating to traffic accidents mentioned in paragraph (1) or a crime of Article 151 of the Road Traffic Act shall not be prosecuted against the express will of the victim: Provided, That this shall not apply in cases where a driver of a vehicle who commits a crime of inflicting bodily injury due tooccupational or gross negligence of crimes relating to traffic accidents mentioned in paragraph (1), leaves the scene of an accident without taking measures including those necessary to render aid to a victim provided for in Article 54 (1) of the Road Traffic Act or leaves the scene of the accident after moving the victim from the site of an accident and abandoning the victim, in cases where a driver of a vehicle commits aforesaid crimes and refuses to take a sobriety test in violation of Article 44 (2) of the Road Traffic Act (excluding the case when a driver of a vehicle requests for or agrees to a blood sample test) and in cases where a driver of a vehicle commits such crime caused by an act falling under any of the following subparagraphs: <Amended by Act No. 13829, Jan. 27, 2016; Act No. 14277, Dec. 2, 2016>
1. In cases of operating a vehicle in violation of signals provided for in Article 5 of the Road Traffic Act, signals given by a traffic police officer or other directions of safety signals for prohibition of traffic or temporary suspension;
2. In cases of crossing a median line of the road in violation of the provisions of Article 13 (3) of the Road Traffic Act, or of crossing, making U-turns or driving backward in violation of the provisions of Article 62 of the same Act;
3. In cases of operating a vehicle in excess of the speed limit by 20 kilo- meters or more per hour as provided for in Article 17 (1) or (2) of the Road Traffic Act;
4. In cases of operating a vehicle in violation of the methods, time of prohibition and location of prohibition of passing or prohibition of intervening as provided for in Articles 21 (1), 22, and 23 or operating a vehicle in violation of a method of passing on highways under 60 (2) of the Road Traffic Act;
5. In cases of operating a vehicle in violation of the method of passing a crossing provided for in Article 24 of the Road Traffic Act;
6. In cases of operating a vehicle by neglecting to observe the duty of protecting pedestrians on a crosswalk as provided for in Article 27 (1) of the Road Traffic Act;
7. In cases of operating of a vehicle without obtaining a driver's license or a construction machinery operating license or without holding an in- ternational driver's license in violation of the provisions of Article 43 (1) of the Road Traffic Act, Article 26 of the Construction Machinery Management Act or Article 96 of the Road Traffic Act. In such cases, the case of suspension of a driver's license or a construction machinery operating license or the case of prohibition of operation of a vehicle shall be deemed as not having obtained a driver's license or a construction machinery operating license or not holding an international driver's license;
8. In cases of operating a vehicle while under the influence of alcohol in violation of the provisions of Article 44 (1) of the Road Traffic Act or while normal operation is deemed difficult due to influence of drugs in violation of the provisions of Article 45 of the Road Traffic Act;
9. In cases of operating a vehicle in violation of pavements of roads as provided for in Article 13 (1) of the Road Traffic Act or in violation of the method of crossing pavements as provided for in Article 13 (2) of the same Act;
10. In cases of operating a vehicle in violation of the obligation on preventing passengers from falling off as provided for in Article 39 (3) of the Road Traffic Act;
11. In cases of causing bodily harm to children in violation of the obligation to operate a vehicle by complying with measures under paragraph (1) of the Article 12 of the Road Traffic Act and paying attention to safety of children within protective areas for children under Article 12 (3) of the same Act;
12. In cases of driving without taking measures necessary to prevent freight from falling off, in violation of Article 39 (4) of the Road Traffic Act.
[This Article Wholly Amended by Act No. 10575, Apr. 12, 2011]
 Article 4 (Special Cases for Insurance Coverage, etc.)
(1) In the case where a vehicle which has caused a traffic accident, is covered by insurance or mutual aid in accordance with the provisions of Articles 4 and 126 through 128 of the Insurance Business Act, Article 60 and 61 of the Passenger Transport Service Act, or Article 51 of the Trucking Transport Business Act, the driver who commits a crime provided for in main sentence of Article 3 (2) shall not be prosecuted: Provided, That this shall not apply to any of the following cases:
1. In cases of falling under the proviso to Article 3 (2);
2. In cases where there occurs a life-threatening danger caused by the bodily injury of the victim, a disability, an incurable or a very difficult state of cure;
3. In cases where the obligation of an insurance company, a mutual aid association or a mutual aid manager to pay insurance money or deducted amount does not exist any longer due to the reasons that an insurance contract or a mutual aid contract becomes void or early terminated, the contract concerned has an exemption clause or other reasons.
(2) The "insurance or mutual aid" mentioned in paragraph (1), shall refer to insurance or mutual aid for which the insurance company mentioned in the Insurance Business Act or the mutual aid association or mutual aid manager mentioned in the Passenger Transport Service Act or the Trucking Transport Business Act, according to a clause of insurance authorized or a clause of mutual aid approved, notwithstanding whether or not the agreement of compensation for damages exists between the insured or partner of mutual aid association and the victim, in substitution for the insured or partner of mutual aid association pays the total amount of ordinary expenses for medical fees of victim and standard amount of payment determined in a clause of insurance or mutual aid for other damages in advance, in accordance with provisions of Presidential Decree, ultimately compensates the total amount of the compensation for damages by a final and conclusive judgment and other title of debt corresponding to such judgment, due to a traffic accident that involves the insured or partner of a mutual aid association.
(3) The fact that there is insurance or mutual aid coverage mentioned in paragraph (1) shall be certified in writing by the insurance company, the mutual aid association or the mutual aid manager which states the purport of paragraph (2).
[This Article Wholly Amended by Act No. 10575, Apr. 12, 2011]
 Article 5 (Penal Provisions)
(1) When a person who administers the operation of an insurance company,a mutual aid association or a mutual aid manager falsely prepares documents mentioned in Article 4 (3), such person shall be punished by imprisonment for not more than three years or by a fine not exceeding 10 million won.
(2) Paragraph (1) shall apply to a person who knowingly uses false documents.
(3) An insurance company, a mutual aid association or a mutual aid manager who does not issue a document mentioned in Article 4 (3), without any justifiable reason, shall be punished by imprisonment for not more than one year or by a fine not exceeding three million won.
[This Article Wholly Amended by Act No. 10575, Apr. 12, 2011]
 Article 6 (Joint Penal Provisions)
In a case where a representative, agent, employee and other servants of a juristic person commits an act in violation of Article 5 in the course of performing activities for such juristic person, a fine under the applicable Article concerned shall apply to such juristic person, in addition to punishing the persons who directly committed the offense: Provided, That this shall not apply in cases where the juristic person does not neglect reasonable duty of care and supervision on the activities concerned to prevent such a violative act.
[This Article Wholly Amended by Act No. 9941, Jan. 25, 2010]
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on January 1, 1982: Provided, That provisions of Articles 4 through 6 shall enter into force on the date to be determined by the Presidential Decree within a period of six months.
(2) (Examples of Application) The previous provisions shall apply to operators who committed a crime under Article 268 in the Criminal Act prior to the enforcement of this Act.
ADDENDA <Act No. 3744, Aug. 4, 1984>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 4548, Jun. 11, 1993>
This Act shall enter into force on July 1, 1993.
ADDENDA <Act No. 4872, Jan. 5, 1995>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 1995. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDUM <Act No. 5157, Aug. 14, 1996>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 5408. Aug. 30, 1997>
Article 1 (Enforcement Date)
This Act shall enter into force on January 1, 1998.
Articles 2 through 9 Omitted.
ADDENDA <Act No. 6891, May 29, 2003>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promul- gation. (Proviso Omitted.)
Articles 2 through 34 Omitted.
ADDENDA <Act No. 7545, May 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 8 Omitted.
ADDENDUM <Act No. 8718, Dec. 21, 2007>
This Act shall enter into force two years after the date of its promulgation.
ADDENDA <Act No. 8979, Mar. 21, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 9941, Jan. 25, 2010>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability) The amended provision of Article 3 (2) shall apply to traffic accidents that occur on and after this Act enters into force.
ADDENDUM<Act No. 10575, Apr. 12, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 10790, Jun. 8, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13829, Jan. 27, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDA <Act No. 14277, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability)
The amended Article 3 (2) shall begin to apply from the first traffic accident that occurred after this Act enters into force.